HomeMy WebLinkAboutRESOLUTION - 44-94 - 8/9/1994 - WASTE MANAGEMENT NW/CONTRACT0
RESOLUTION NO. 44-94
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT NORTHWEST
FOR RESIDENTIAL SOLIDWASTE, YARDWASTE AND RECYCLING SERVICE
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois as follows:
'2ction 1: That the Village President be and is hereby authorized to
the attached documents marked:
Contract for Residential Solidwaste, Yardwaste,
and Recycling Service, for All Single Family
Residences
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon the
signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this
APPROVED this
ATTEST:
Patricia S. Smith
Village Clerk
9th
day
of
August
, 1994.
9th
day
of
August
, 1994.
Dennis J. Gallitano
Village President
TABLE OF CONTENTS
PREAMBLE
ARTICLE I
DEFINITIONS
Section
1.1.
Definitions . . . . . . . . . . . . . . . .
. . . . 2-3
Section
4.2.
ARTICLE II
. . . . 4-5
Section
4.3.
SCOPE OF SERVICES
. . . . . 5
Section
2.1,
Village Services . . . . . . . . . . . . .
. . . . . 3
Section
2.?.
Private Services . . . . . . . . . . . . .
. . . . . .3
Section
2.".
Revenue Collection . . . . . . . . . . . .
. . . . . 3
Section
2.4.
Excluded Services . . . . . . . . . . . . .
. . . . 3-4
Section
2.5.
Modification of Required Services . . . . .
. . . . . 4
ARTICLE III
TERMS OF WASTE CONTRACT
Section 3.1. Term of Waste Contract . . . . . . . . . . . . . . . 4
ARTICLE IV
WASTE COLLECTION AND DISPOSAL
Section
4.1.
Village Service . . . . . . . . . . . . . .
. . . . . 4
Section
4.2.
Private Service . . . . . . . . . . . . . .
. . . . 4-5
Section
4.3.
Schedule and Location of Collection . . . .
. . . . . 5
Section
4.4.
Disposal of Waste . . . . . . . . . . . . .
. . . . 5-6
ARTICLE V
CHARGES FOR SERVICE
Section 5.1. Village Service . . . . . . . . . . . . . . . . . . 6-8
ARTICLE VI
REVENUE COLLECTION
Section 6.1. Billinq of Accounts . . . . . . . . . . . . . . . . . 8
Section 6.2. SWANCC Fee . . . . . . . . . . . . . . . . . . . . . 8
Section 6.3. Private Billing . . . . . . . . . . . . . . . . . . . 8
ARTICLE VII
TITLE TO WASTE
Section 7.1. Title to Waste . . . . . . . . . . . . . . . . . . . .3
ARTICLE VIII
Section
13.1
BULK ITEMS AND WHITE GOODS
. . . 13
Section
8.1.
Bulk Items Collection Service . . . . . . . .
. . . . 9
Section
8.2.
White Goods Collection Service . . . . . . .
. . . . 9
ARTICLE IX
Section
14.1
LANDSCAPE WASTE
. . . 14
Section
9.1.
Landscape Waste Collection Service . . . . .
. . 9-10
Section
9.2.
Sticker Program . . . . . . . . . . . . . . .
. . 10-11
Section
15.1
A- r-7
. . . 14
ARTICLE XVI
Section
10.1.
Recyclable Ma_erials Collection Services . . .
. . 11-12
Section
10.2.
Recycling Rebate . . . . . . . . . . . . . . .
. . . 12
Section
16.2
ARTICLE XI
. . 15-16
REUSABLE HOUSEHOLD GOODS
Section
11.1.
Reusable Household Goods . . . . . . . . . .
. . . 12
ARTICLE XII
VILLAGE OWNED FACILITIES
Section
12.1
Collection at Village Owned Facilities . . .
. . . 13
ARTICLE XIII
CONTRACTOR EQUIPMENT
Section
13.1
Vehicles . . . . . . . . . . . . . . . . .
. . . 13
Section
13.2
Availability of Contractors Equipment . . . .
. . 13-14
ARTICLE .CIV
PROVISIONS FOR TELEPHONE CALLS
Section
14.1
Provisions for Telephone Calls . . . . . . .
. . . 14
ARTICLE XV
SCAVENGER LICENSE
Section
15.1
Additional Requirements . . . . . . . . . . .
. . . 14
ARTICLE XVI
BREACH;EVENTS OF DEFAULT AND REMEDIES
Section
16.1
Breach by Contractor . . . . . . . . . .
14-15
Section
16.2
Events of Default and Remedies of Village . .
. . 15-16
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ARTICLE XVII
INSURANCE AND INDEMNIFICATION
Section 17.1. Insurance . . . . . . . . . . . . . . . . . . . . 16-17
Section 17.2. Indemnification . . . . . . . . . . . . . . . . . . 17
ARTICLE XVIII
PENALTY CLAUSE
Section 18.1. Penalty Clause . . . . . . . . . . . . . . . . . . 17
ARTICLE XIX
REPORTS
Section
19.1.
Reports . . . . . . . . . . . . . . . . . . . .
. 17-18
ARTICLE XX
NON -ASSIGNABILITY
Section
20.1.
Non -Assignability . . . . . . . . . . . . . . .
. . 18
ARTICLE XXI
EQUAL EMPLOYMENT OPPORTUNITY
Section
21.1
Equal Emplovment Opportunitv . . . . . . . . .
. . 18
ARTICLE XXII
COMPLIANCE WITH LAWS; SWANCC RULES AND REGULATIONS
Section
22.1
Compliance with Laws; SWANCC Rules and
Regulations . . . . . . . . . . . . . . . . .
. 18-19
ARTICLE XXIII
CARE AND PERFORMANCE
Section
23.1
Care and Performance . . . . . . . . . . . . . . .
. . 19
Section
23.2
No Alcohol or Drugs . . . . . . . . . . . . . . .
. . 19
Section
23.3
Governina Law . . . . . . . . . . . . . . . . . .
. . 19
Section
23.4
Severability . . . . . . . . . . . . . . . . . . .
. . 19
EXHIBIT A - Project Use Aqreement
EXHIBIT B - Village Ordinance No. 2221
EXHIBIT C - Single -Family Attached Residences
EXHIBIT D - SWANCC Waste Compensation Schedule(Monthly)
EXHIBIT E - Non-SWANCC Waste Compensation Schedule
V
CONTRACT FOR RESIDENTIAL SOLIDWASTE, YARDWASTE, AND
RECYCLING SERVICE
For All Sinqle Family Residences
in Elk Grove Village, Illinois
1994-1997
THIS CONTRACT made and entered into this day of
1994 , by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal
corporation in Cook and DuPage Counties, Illinois, party of the first part,
horrina`trr rcfc,rred to as the Village, and Waste Management Northwest, a
Division of Waste Management of Illinois, Inc., party of the second part,
hereinafter referred to as the Contractor.
PREAMBLE
WHEREAS, the Village, in order to protect the public health and
welfare of its residents, has deemed it necessary to collect, transport and
dispose of SWANCC Waste and Non-SWANCC Waste (as defined herein) as Village
Services (as defined.herein); and
WHEREAS, the Village, is authorized pursuant to the provisions of
Section 11-19-1 of the Illinois Municipal Code (65 ILCS 5/11-19-1) to
provide for the method or methods of collection, transportation and
disposal of municipal waste located within its boundaries and to provide
that the method chosen mav_ be the exclusive method to be used within its
boundaries; and
WHEREAS, the Village has determined to provide municipal waste
collection, transportation and disposal services to its residents and
impose on its residents rates and charges relating to such services; and
WHEREAS, the Village has determined that it is in the best interests
of its residents to contract with a single waste hauler to collect and
transport all SWANCC Waste to SWANCC's Wheeling Township Transfer Station
(the "WTTS") or such other SWANCC or Non-SWANCC facility designated by the
Village; and
WHEREAS, the Village has determined that it is in the best interests
of its residents to contract with a single waste hauler collect, transport
and dispose of (or sell) Non-SWANCC Waste at a facility or facilities
mutually agreed upon by the Village and the Contractor; and
WHEREAS, the Contractor, pursuant to the terms of this Waste Contract
and on behalf of the Village, is willing to collect and transport all
SWANCC Waste to the WTTS or such other SWANCC or Non-SWANCC facility
designated by the Village, and collect, transport and dispose of (or sell)
1
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Non-SWANCC Waste at a facility or facilities mutually agreed upon by the
Tillage and the Contractor;
NOW, THEREFORE, for and in consideration of the mutual promises,
covenants and conditions herein contained:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions.
"Breach" means one of the items described in Sections 16.1 or 16.2.
"Bulk Items" means items including, but not limited to, carpeting
(rolls not to exceed 4 ft.), small appliances, large toys, bedding
(mattre:: os, hnz 7,p,-:rr-.. frames), lawn care equipment, swing sets,
snowblowers, vacuum cleaners, bicycles, miscellaneous furniture (sofas,
loveseats, chairs, stereos, television sets, bookcases, shelving units,
pianos, organs, desks, lawn chairs), kitchen cabinets (disassembled),
toilets, sinks, vanities, garage doors, old garbage cans and barbecue
grills.
"Contractor" means Waste Management -Northwest, an Illinois
corporation, and its successors and assigns.
"Event of Default" has the meaning specified in Section 16.2.
"Landscape Waste" means items including, but not limited to, grass
clippings, shrubbery cuttings, leaves, tree limbs (3 inches or less in
diameter) and other materials accumulated as a result of the care of lawns,
shrubbery, vines and trees.
"Non-SWANCC Waste" means residential Landscape Waste (single-family
only), residential Bulk Items and White Goods, and certain residential
Recyclable Materials (as described in Articles VIII, IX and X), and any
other materials designated by the Village for collection, provided that
such materials are not SWANCC Waste.
"Private Service" means the service provided by the Contractor
pursuant to Section 4.2.
"Project Use Agreement" means the Project Use Agreement, dated March
10, 1992, between SWANCC and the Village, as amended from time to time,
attached hereto as Exhibit A.
"Recyclable Materials" means items including, but not limited to,
aluminum cans, tin, steel and bi-metal cans, clear, green and brown glass
bottles and jars, newspapers, magazines, mixed papers (chipboard, brown
Kraft paper bags), corrugated cardboard, 91 PETE plastic containers, #2
HDPE plastic containers, and all other items that the Village and the
Contractor agree to recycle.
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"State" means the State of Illinois.
"SWANCC" means the Solid Waste Agency of Northern Cook county.
"SWANCC Waste" shall have the meaning ascribed to it in the Village's
Ordinance No. 2221, as amended from time to time, attached hereto as
Exhibit B. For the ouroose of this contract SWANCC Waste will be limited
to waste generated from single family detached and attached dwelling units
only.
"Village" means Village of Elk Grove Village.
"Village Service" means the service provided by the Contractor, on
behalf of the Village, pursuan'. ;(,,i i. .
"Waste Contract" means ti:__ by and between the Village
and the Contractor, as amended frc., time to time.
"White Goods" means items including, but not limited to, stoves, ovens
(including microwave ovens), washing machines, clothes dryers, air
conditioners, refrigerators, freezers, dehumidifiers, furnaces, water
softeners, water heaters, trash compactors and dishwashers.
"WITS" means the Wheeling Township Transfer Station constructed by
SWANCC and located northeast of the intersection of Central Road and Des
Plaines River Road in Glenview, Illinois.
ARTICLE II
SCOPE OF SERVICES
Section 2.1. Villace Services. The Contractor shall provide, on
behalf of the Village, complete service for (,a) the collection and
transportation of all SWANCC Waste, from single family dwelling units only,
to the WTTS or such other SWANCC or Non-SWANCC facility designated by the
Villaae and (b) the collection, transportation and disposal (or sale) of
all Non-SWANCC Waste at the facility or facilities mutually agreed upon by
the Village and the Contractor. The Contractor shall be the sole and
exclusive agent of the Village to provide the above -referenced Village
Services.
Section 2.2. Private Services. The Contractor shall, on its own
behalf (and not on behalf of the Village), provide for the collection.
transportation and disposal of all Private Service waste (at a facility or
facilities mutually agreed upon by the Village and the Contractor) in
accordance with the provisions of Section 4.2.
Section 2.3. Revenue Collection. The Contractor shall, on behalf of
the Village, provide revenue collection services in accordance with Article
VI for all Village Services provided under this Waste Contract.
Section 2.4. Excluded Services. Waste collection, transportation and
,isposal from commercial and industrial establishments within the Village
3
are not included within this Waste Contract.
Section 2.5. Modification of Required Services. The Village reserves
the right to adjust or expand the scope of Village Services required under
this Waste Contract, upon thirty (30) days prior written notice to the
Contractor, to accommodate changes in the definition of SWANCC Waste or
changes in the scope of services provided by SWANCC, including the
transportation to a SWANCC transfer station located closer to the Village
corporate limits than the WTTS. The Village and the Contractor agree to
negotiate an equitable adjustment to the Contractor's compensation under
this Waste Contract required as a result of any adjustment or expansion of
Village Services or use of another SWANCC Transfer Station.
ARTICLE III
TERM OF WASTE CONTE;_
Section 3.1. Term of Waste Contract. The initial term of this Waste
Contract shall commence on November 1, 1994, and end on October 31, 1997,
unless terminated at an earlier date pursuant to the terms of this Waste
Contract. The Village shall have the option to extend or renew this
contract for two (2) addition one-year (1) extensions upon notifvina the
Contractor in writing of its intention to do so no later than ninety days
prior to October 31, 1997 and October 31, 1998. If the option is exercised
by the Village, the Village and Contractor agree to neaotiate an equitable
adjustment to the Contractor's compensation under this waste contract.
ARTICLE IV
WASTE COLLECTION AND DISPOSAL
Section 4.1. Village Service.
(a) SWANCC Waste. The Contractor shall provide, on behalf of
the Village, complete services for the collection of all SWANCC Waste from
all single family detached and attached dwelling units in accordance with
the schedule provided in Section 4.3 and transportation to the WTTS or such
other SWANCC or Non-SWANCC facility designated by the Village.
(b) Non-SWANCC Waste. The Contractor shall provide, on behalf
of the Village, complete services for the collection of all Non-SWANCC
Waste from all sinale-family detached and attached dwelling units in
accordance with the schedule provided in Section 4.3 and transportation and
disposal (sale) to a facility mutually agreed upon by the Village and the
Contractor. Non-SWANCC 'Waste shall include the followina:
(i) Bulk Items as provided in Article VIII.
(ii) Landscape Waste as provided in Article IX.
(iii) Recyclable Materials as provided in Article X.
(iv) White Goods ns provided in Article VIII.
I
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Section 4.2. Private Service. In addition to the Village Services
provided by the Contractor on behalf of the Village under Section 4.1., the
Contractor shall also make available to the residents of the Village
Private Service for all types of waste not otherwise covered by this Waste
Contract including, but not limited to, earth, sod, rocks, concrete, rubble
and waste from remodeling, construction and demolition of buildings,
excavations and other materials; provided, however, that the Contractor
shall not be required to provide for the collection and disposal of
poisonous or toxic materials and large quantities of liquid requiring tank
truck disposal equipment.
For services provided pursuant to this Section 4.2., the Contractor
agrees to keep available tractor loaders, trailers and other necessary
equipment. Upon the request of a resident, the Contractor shall furnish ar
estimate for the cost of removal of any materials named in the immediately
preceding paragraph.
Notwithstanding anvthing herein to the contrary, the Contractor shall
not be required to enter private homes for the purpose of collection and
disposal of waste.
Section 4.3. Schedule and Location of Collection.
(a) The Contractor agrees to make collections of solidwaste,
yardwaste and recycling on a regular schedule of not less than once each
seven (7) days from each single family residence within the Villaqe. (See
Exhibit C for a current list of single family attached units.)
Exception: During the week in which one of these holidays
occurs, New Years Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day, pickup will be made one day after the
regularly scheduled day for the remainder of the week.
(b) Bulk items and white goods shall be collected in accordance
with the provisions of Article VIII.
(c) Landscape Waste shall be collected in accordance with the
provisions of Article IX.
(d) Recyclable Materials shall be collected in accordance with
the provisions of Article X.
(e) Private Service Waste. Private Service Waste shall be
collected in accordance with the provisions of Section 4.2. on a day
mutually agreed to by the Contractor and a resident between the hours of 7
a.m. and 6 p.m.
Section 4.4. Disposal of Waste.
(a) SWANCC Waste. The Contractor shall transport for
processing all SWANCC Waste collected pursuant to this Waste Contract to
the WTTS or such other SWANCC or Non-SWANCC facility designated by the
5
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Village all in accordance with the laws of the State, any United States
governmental agencies, and as directed by the Village. Such SWANCC Waste
shall not be commingled with any other waste.
(b) Non-SWANCC Waste.
(i) Recyclable Materials collected shall be transported
to sites approved by the Village.
(ii) Landscape Waste collected shall be transported to
permitted sites approved by the Village.
(iii) Bulk Items, and White Goods, shall be transported
to permitted sites for disposal or recycling in accordance with applicable
laws.
ARTICLE V
CHARGES FOR SERVICE
Section 5.1. Village Service.
(a) SWANCC 'Waste. For providing for, on behalf of the Village,
the collection and transportation of SWANCC Waste to the WITS or such other
SWANCC or Non-SWANCC.facility designated by the Village, the Contractor
agrees to charge not more than the following:
(i) Rates for single family detached
residences shall be $7.69/month.
(See Exhibit D).
(ii) Rates for single family attached
residences shall be $3.B3/month.
(See Exhibit D).
(iii) Rates for single family attached
residences using a single billing system
shall be $3.78/month. (See Exhibit D)
These rates shall be in effect for the duration
of the agreement.
It is understood and agreed that the rates herein specified shall be
the rates charged for such service and shall not be increased or decreased
without the consent of the Villaqe.
(b) Non-SWANCC Waste. For providing for, on behalf of the
Village, the collection, transportation and disposal of Non-SWANCC Waste at
a facility or facility mutually agreed upon by the Village and the
Contractor, the Contractor agrees to charge not more than the followinq:
6
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(i) Recvclinq Charae
(a) Rates for single family detached residences
shall be $3.00/month. (See Exhibit C).
(b) Rates for single family attached residences
shall be $3.00/month. (See Exhibit C).
(c) Rates for single family attached residences
using a single billing system shall be
$3.00/month. (See Exhibit C).
(ii) Yardwaste Charqe
(a) The rate for yardwaste stickers shall be
$1.00 per sticker beginning April 1, 1995.
$1.25 per sticker beginning April 1, 1996.
$1.50 per sticker beginning April 1, 1997.
(b) The Contractor agrees to make curbside
collection of bundled tree limbs and brush
from single family homes at no additional
charge.
(c) The Contractor agrees to make curbside
collection of Christmas trees for all
single family detached and attached units
at no additional charge.
(iii) "White Goods" Charqe
(a) The Contractor will charge a fee of $30.00 per
appliance for all "White Goods" containing chlorofluorocarbons (CFC's). A
fee of $10.00 per appliance shall be charged for all other "White Goods"
placed at the curb for pickup through November 1, 1995, and then $30.00
from that time forward.
(iv) Mobile Containers and Charqes
(a) The Contractor is hereby authorized to
lease mobile 60 gallon or 90 gallon carts to
residents at the rate of $1.50/month/container.
(b) The customer has the option to lease or not
lease the cart(s) and to terminate the
lease by notifying the Contractor and
returning the cart(s) to the Contractor.
The Contractor will deliver and pick up
carts at no charge to the resident.
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These rates shall be in effect for the duration of the agreement. It
is understood and agreed that the rate for such service shall not be
increased or decreased without the consent of the Village.
(c) SWANCC Fee. The Contractor shall bill customers for a
SWANCC Fee, on behalf of the Village, as set forth in Article VI at a
monthly rate of $4.23. The Village has the option to increase or decrease
this rate upon notification to the Contractor.
(d) Most Favored Community Pricing. Contractor agrees that the
collection, hauling and recycling fees charged to the Village shall not
exceed fees charged by the Contractor to any other SWANCC communities
receiving similiar or comparable services to the extent that the comparable
service and charges therefor can be interrelated in order to determine any
violation of this paragraph. Any dispute as to higher charges or the
manic: c-' thereof shall be submitted to an independent
arbitrator, the selection of said arbitrator to be mutually agreed upon by
the parties hereto. The cost or fees of the arbitrator shall be paid by
the party which fails to prevail in the arbitration process or divided
equally in the case of an agreed upon compromise, if any.
ARTICLE VI
REVENUE COLLECTION
Section 6.1. Billino of Accounts. Municipal Services are provided by
the Contractor on behalf of the Village. The Contractor shall perform on a
quarterly basis and on behalf of the Village, the billing and collection of
all rates and charges (refuse collection fee, recycling fee, SWANCC Tipping
Fee) established by the Village relating to such Municipal Services. All
rates and charges collected by the Contractor shall be accounted for
separately and shall be held by the Contractor for the benefit of the
Villaae.
Section 6.2. SWANCC Fee. The Contractor shall, on a monthly basis,
pay to the Village an amount equal to the monthly SWANCC Fee as established
by the Village, multiplied by the total number of residents billed by the
Contractor for the succeeding month. Each monthly payment by the
Contractor to the Village shall be due 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). In the event the Village has not received the full amount of
any monthly payment by the end of the fifth (5th) calendar day after the
date it is due, a late charge shall be due from the Contractor in the
amount of five percent (So) of the overdue payment.
Section 6.3. Private Billing. The Contractor may, but is not
required to, include as an item on each resident's bill an amount payable
to the Contractor for the collection, transportation and disposal of
Private Service waste. The Contractor shall retain all amounts collected
from residents. Alternatively, the Contractor may bill residents
separately for Private Service.
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ARTICLE VII
TITLE TO WASTE'
Section 7.1. Title to Waste. The Contractor shall, as agent for the
Village, transfer all SWANCC Waste to the WITS or such other SWANCC or Non-
SWANCC facility designated by the Village. The Contractor shall also
transfer, as agent for the Village, all Non-SWANCC Waste to a facility or
facilities mutually agreed upon by the Village and the Contractor. Legal
title to SWANCC Waste and Non-SWANCC Waste shall remain with the Village
until such waste is accepted for delivery at the designated site. The
Village will not, at any time, take legal title to Private Service waste.
'.ITE GOODS
Section 8.1. Bulk Items Collection Service. The Contractor shall
furnish a Bulk Items collection service to collect and dispose of all
discarded materials which are too large and bulky to be handled by packer -
type equipment. All Bulk Items shall be placed at curbside by a resident
for collection on the regular refuse collection day, provided a call has
been made to the Contractor by the resident notifying the Contractor of the
Bulk Item collection. Such collection shall be made without additional
charge to the resident. Collection shall be limited to one item or one
cubic yard, whichever is larger.
Section 8.2. White Goods Collection Service. The Contractor shall
furnish a White Goods Collection Service to collect and dispose of all
White Goods, as defined in Article I. All White Goods shall be placed at
curbside by a resident for collection on Thursday only, provided a call has
been made to the Contractor by the resident notifying the Contractor of the
White Goods Collection.
ARTICLE IA
LANDSCAPE WASTE
Section 9.1. Landscape Waste Collection Service.
(a) Landscape Waste shall be collected from single family units
only from April 1 through November 30 of each year, in accordance with the
schedule provided in Section 4.3(a). Christmas trees shall also be
collected by the Contractor, between January 2 and January 15 of each
calendar year. The Village agrees to accept these Christmas trees at a
designated staging area for chipping by the Villaae.
(b) Containers to be used for the collection of landscape ',caste
shall be thirty (30) gallon, two (2) ply Kraft paper bags, garbage
containers with a capacity of thirty (34) gallons or less or optional WMI
90 gallon cart. Residents will be required to place a Landscape Waste
disposal sticker on containers containing Landscape Waste. No plastic bags
or boxes of anv kind shall be allowed.
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(c) The Contractor shall collect all Landscape Waste that has
been placed in Kraft paper bags or containers meeting the above
specifications, providing the bags or containers do not exceed a weight of
fifty (50) pounds per bag or container. The Contractor shall not be
required to collect Landscape Waste containers that exceed the weight
limit, that contain items other than Landscape Waste, or that do not have a
valid Landscape Waste disposal sticker affixed to them.
(d) The Contractor shall accept and collect all bundles of
brush or limbs, providing the bundles do not exceed a weight of fifty (50)
pounds per bundle, are not more than four (4) feet long, are not more than
two (2) feet in diameter, do not contain limbs qreater than 3q inches in
diameter and are tied with material that is accepter' at the compost site
used by the Contractor.
(e) The Village shall col...__ ". _ - collection program.
The Contractor shall transport leaves frc.,i the Village staging area for
ultimate disposal at no additional cost to the Village.
(f) Collection of yardwaste shall be made from the parkwav in
the residential area within the Village; the disposal or processing of same
shall be outside of the corporate limits of the Village.
Section 9.2. Sticker Program.
(a) The Contractor agrees that it shall be responsible for the
printing, distribution, and sale of an ample supply of Landscape Waste
disposal stickers, designed to be a "one -time -use" variety. The Contractor
shall arrange for area retailers to aid in the sale of stickers so as to
achieve reasonable Village -wide coverage and a readily available supply of
stickers. The Village will also act as a retailer in the sale of stickers.
The Village agrees to facilitate arranqements with area retailers, but
shall not require any specific retailer to participate, nor shall it incur
anv liability for retailers' payment or other obligations for the stickers,
The Contractor shall be solely responsible for collection of sales
proceeds. Residents shall have the right to purchase as small a quantity
as one (1) sticker at a time from a retailer.
(b) The Contractor shall be permitted to sell stickers to
retailers on either a prepaid or a billable basis at its discretion. The
Contractor shall not charge retailers or the Village for storage, handiinc,
or mail or in-person delivery of stickers. The Contractor shall deliver
stickers to retailers and the Elk Grove Municipal Complex within forty-
eiqht (48) hours, weekends excepted, of receiving an order. The Contractor
shall have the riqht to cease supplving stickers to any retailer that
repeatedly allows its sticker inventory to run out, or if applicable, that
becomes more than sixty (60) days in arrears in making payments on its
account with the Contractor. The Contractor shall notifv the Villaqe of
the names of retailers to which the supply of stickers has been suspended.
(c) The Villaqe reserves the right to approve the form and
wording of stickers prior to their fabrication. stickers may be designed
10
in anv suitable form, including a "strip" or "luggage tag" version.
Proposals should indicate how the stickers will normally be packaged (e.g.
ten to a package; roll; sheets; or some othef quantity or format).
(d) The Contractor shall have the option of accounting for
stickers at its discretion. Stickers may be left affixed to proper items
during the disposal process, or may have removable portions for the
purposes of accounting, and may use serial numbering. Stickers must adhere
to container surfaces in all weather conditions. At least some portion of
each sticker must have some form of theft deterrent; for example, being
backed with pressure -sensitive adhesive and slits (i.e. unauthorized
removal will cause the destruction of the sticker).
(e) The Village and the Contractor agree to jojrrt.iv establish
reasonable administrative regulations as to the interpretation of theft and
resolution of collection should sticker show signs of un, I I
.
from a container for reuse; or conversely, a proper container lacxing a
sticker shows signs of havina had a valid sticker affixed.
(f) Because Landscape Waste will be biodegraded in a composting
facility, Landscape Waste disposal stickers should be made using water
soluble or pulpable paper. Should the need for pressure sensitive adhesive
to deter theft or accommodate weather override the ability to use water
soluble or pulpable paper content, the stickers may be made from other base
stock.
(g) There shall be no limit to the quantity of Landscape Waste
that residents may set out for collection, except as noted. All Landscape
Waste materials set out for collection shall be picked up at one time.
(h) If a resident fails to properly prepare Landscape Waste as
described above, the Contractor shall mark the material with a sticker
describing why the material was not collected. All stickers and written
information are subject to approval of the Village.
ARTICLE X
RECYCLABLE MATERIALS
Section 10.1. Recvclable Materials Collection Service.
(a) Recvclable Materials shall be collected during Lhe term of
this Waste Contract in accordance with the schedule provided .in Section
4.3(a). Commingled Recyclable Materials will be placed by each resident at
curbside in the recycling containers provided by the Village or specified
by the Village as acceptable. All uncontaminated Recyclable Materials
placed in or next to the recycling containers shall be collected by the
Contractor. Recyclable Materials do not need to be segregated within Lhe
containers.
(b) The Villaqe shall have the right to add materials to the
list of Recvciable Materials at no additional cost as stated in Article 1,
pendino the availability of markets for materials to be added.
11
(c) The Contractor, as agent for the Village, shall have a
contractual obligation to ensure that all Recyclable Materials collected
are properly processed and marketed. No collected Recyclable Materials
shall be landfilled or incinerated, unless advance authorization to do so
is given by the corporate authorities of the Village.
(d) The Contractor shall provide a monthly accounting statement
to the Village detailing the amount, in pounds, of Recyclable Materials
collected and set -out rates. The format of the Contractor's monthlv
accounting statement shall be subject to the approval of the Village. Such
statement shall be issued to the Village by the fifteenth (15) day of the
month following the month for which service has been rendered.
(e) There shall be no limit to the number of recycling
containers a resident may place at curbside for collection by the
Contractor.
(f) The Contractor shall be required to implement a sticker
system for Recyclable Materials that are not collected. The sticker
should identify why the Recyclable materials were not collected. The
Contractor shall provide an example of the sticker system to the Villaqe
for advance approval.
Section 10.2 Recvclinq Rebate. The Contractor agrees to process,
store and market the recyclable materials to an end user or utilize the
DuPage County IPF. The Contractor agrees to rebate to the Village by the
15th day of the month immediately following the period for which service
has been rendered, a flat fee of $9.50 per ton each month regardless of
price fluctuations, with the Contractor retaining all receipts from the
sale of said materials.
The rate per ton shall be $9.50 and shall be in effect for the
duration of the agreement.
ARTICLE XI
REUSABLE HOUSEHOLD GOODS
Section 11.1. Reusable Household Goods. The Contractor agrees to be
responsible for the performance of a residential curbside collection
program of reusable household goods. Collection will take place the fourth
week of each month on the regular refuse collection day. The Contractor
agrees to utilize a not-for-profit organization registered with the
Attorney General of the State of Illinois in accordance with the provisions
of "An Act to Regulate Solicitation and Collection of Funds for Charitable
Purposes", Illinois Revised Statutes, Chapter 23, Paragraph 5101 et sea.
The Contractor agrees to provide this service at no additional cost to the
residents of the Village or the Village.
12
ARTICLE XII
VILLAGE OWNED FACILITIES
Section 12.1. Village Owned Facilities. The Contractor shall provide
refuse and recycling collection to all Village owned facilities (Village
Municipal Complex, Public Works Facilities, Fire Administration Building,
Fire Stations and Library) including furnishing of adequately approved
containers for all Village buildings and operations. Should additional
containers or pickup be required by the Village, such containers and pickup
of refuse from those containers shall be provided by the Contractor during
the term of this contract. Also, dumpsters or roll -off containers shall be
provided by the Contractor for Village projects or emergencies using
Village personnei. There shall be no charge for these services.
ARTICLE XIII
CONTRACTOR EQUIPMENT
Section 13.1. Vehicles.
(a) The Contractor agrees and it shall be mandatory to acquire,
operate and maintain the most modern collection equipment for use in the
Villaae and all such equipment shall, at all times, be so constructed that
none of the refuse or garbage shall be scattered or leak on the public ways
of the Village. For the collection of Recyclable materials, the Contractor
shall use trucks specifically designed for recycling service.
(b) Equipment used for Private Service may be open -body trucks,
dump trucks and similar type equipment. When open -body trucks are used,
the Contractor shall take such action as is necessary to prevent littering.
(c) The Contractor agrees to maintain safety stickers and
proper weight licenses, as required by the Secretary of State, State of
Illinois, on all vehicles operated within the Village.
(d) The Contractor is responsible for furnishing, maintaining
and replacing the collection vehicles at no additional cost to the Village
or residents of the Village.
Section 13.2 Availabilitv of Contractor's Equipment.
(a) Upon the failure of the Contractor to fulfill any of the
provisions of this Agreement, or upon the failure to make pickups as herein
provided for, the Contractor hereby agrees that the Village is authorized
to engage the services of any person to do such work and charge the cost
thereof to the Contractor herein, or to take possession of the contractor's
equipment, vehicles, facilities which are normally used in providing
service to the residential areas of the Village, and to employ such
personnel as the Village may deem necessary to continue the work to protect
the public health.
13
(b) The Contractor agrees that all cost borne by the Village
for labor, materials and equipment necessary for such emergency work shall
be reimbursed to the Village by the contractor herein within 90 days of
release and return of the vehicles to the Contractor.
ARTICLE XIV
PROVISIONS FOR TELEPHONE CALLS
Section 14.1. Provision for Telephone Calls. The Contractor shall
maintain an office telephone number for the receipt of service, billinq and
complaint calls, and shall be available for such calls on all working days
from 7:00 a.m. to 5:00 p.m. Any complaints must be given prompt and
courteous attention, and in case of missed scheduled collections, the
Contractor shall investig A e; f verified, shall arrange for collection
of such waste within 24 hours the complaint is received. The
Contractor shall Ipa z..l missed pickups and provide such log to
the Village on a monthly basis.
ARTICLE XV
SCAVENGER LICENSE
Section 15.1. Additional Requirements.
(a) The Contractor shall pay for an annual Villaae scavenger
license.
(b) The Contractor agrees to work closely with the Village and
assist with educational, promotional and informational programs. Mailing
cost will be shared by the Contractor and the Village.
(c) The Contractor agrees that it will at all times provide
disposal services in accordance with all local, state and federal laws,
subject to the need to adjust for this component.
ARTICLE XVI
BREACH; EVENTS OF DEFAULT AND REMEDIES
Section 16.1. Breach by Contractor.
(a) Each of the following shall constitute a Breach on the Dart
of the Contractor:
(i) failure of the Contractor to pay, within thirty
(30) days after notice from the Village of such nonpayment, amounts which
are undisputed or which are due to the Villaqe under this Waste Contract;
(ii) failure of the Contractor to perform timely any
obligation under this Waste Contract not included within subparagraph (i)
above, except that such failure shall constitute a Breach only if such
failure remains uncured for five (5) days after notice to the Contractor
from the Village of such failure; or
14
(iii) (A) the Contractor's being or becoming insolvent or
bankrupt or ceasing to pay its debts as they mature or making an
arrangement with or for the benefit of its creditors or consenting to or
acquiescing in the appointment of a receiver, trustee or liquidator for a
substantial part of its property, (B) a bankruptcy, winding up,
reorganization. insolvency, arrangement or similar proceeding being
instituted by the Contractor under the laws of any jurisdiction, (C) a
bankruptcy, winding up, reorganization, insolvency, arrangement or similar
proceeding being instituted against the Contractor under the laws of any
jurisdiction, which proceeding has not been dismissed within one hundred
twenty (120) days, (D) any action or answer by the Contractor approving of,
consenting to or acquiescing in any such proceeding, or (E) the levy of anv
distress, execution or attachment upon the property of the Contractor which
shall or which reasonably might be expect r r,; ::i ly interfere with
its performance under this Waste Contrar',
Section 16.2 Events of Default and Rem dies of Villaqe.
(a) If a Breach occurs under Section 16.1, the Village may
exercise any one or more of the following remedies:
(i) the Village may declare an Event of Default and may
then terminate this Waste Contract immediately, upon notice to the
contractor and, subject to the provisions of sub -paragraph (v) below, upon
such termination the.Contractor shall cease providing services under this
Waste Contract;
(ii) the Village may seek and recover from the Contractor
any unpaid amounts due the Villaqe, all its substantiated cost for the
failure of the Contractor to perform any obligation under this Waste
Contract and all damages, whether based upon contract, negligence
(including tort), warranty, delay or otherwise, arising out of the
performance or non-performance by the Contractor of its obligations under
this Waste Contract, and whether incidental. consequential, indirect or
punitive, resulting from the Breach;
(iii) the Village may take possession of the Contractor's
equipment, vehicles, facilities which are normally used in providing
service to the residential areas of the Village, and to employ such
personnel as the Villaqe may deem necessary to continue the work to protect
the public health, or may enter into a new contract for the required
services, or any portion thereof, or may use such other methods as shall be
required in the opinion of the Village for the performance of the required
services. The Contractor agrees that all costs borne by the Village for
labor, materials, and equipment shall be reimbursed to the Villaqe by the
Contractor.
(iv) the Village shall have the Dower to proceed with anv
right or remedy granted by federal laws and laws of the State as it may
deem best, including any suit, action or special proceeding in equity or at
law for the specific Performance of anv covenant or agreement contained
herein or for the enforcement of anv proper legal or equitable remeay as
is
the Village shall deem most effectual to protect the rights aforesaid,
insofar as such may be authorized by law;
(v) no remedy by the terms of this Waste Contract
conferred upon or reserved to the Village is intended to be exclusive of
any other remedy, but each and every such remedy shall be cumulative and
shall be in addition to any other remedy given to the Village. No delay or
omission to exercise any right or power accruing upon any Event of Default
shall impair any such right or power or shall be construed to be a waiver
of any such Event of Default or acquiescence therein, and every such right
and power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any Event of Default shall extend to or shall
affect any subsequent default or Event of Default or shall impair any
rights or remedies consequent thereto.
(b) This Section 16.2 shall survive the terming. _
Contract.
ARTICLE XVII
INSURANCE AND INDEMNIFICATION
Section 17.1. Insurance.
The Contractor agrees to carry insurance relating to this Waste
Contract as follows:.
(a) Worker's Compensation. The Contractor shall carry in
a companv authorized under the laws of the State, a
policy of insurance in the required statutory amount,
to protect itself against any and all liability under
the Illinois Worker's Compensation Act.
(b) Vehicle Liabilitv. The contractor shall carry in its
own name a policy of insurance with an insurance
company acceptable to the Village (which acceptance
shall not be unreasonably withheld) under a
comprehensive form to insure the entire motor vehicle
liability for its operations with Limits of not less
than $1,000,000 per individual and $2,000,000 for
each accident for bodily injury liability.
Additionailv, the policy shall provide insurance in a
minimum amount of $1,000,000 for each accident for
property damage liability.
(c) General Liabilitv. The Contractor shall carry in its
own name a policy of comprehensive liability
insurance coverage with an insurance company
acceptable to the Vi11age (which acceptance shall not
be unreasonably withheld) for its operation. other
than motor vehicle insurance, with limits of at least
$1,000,000 per individual and $1.000,000 for each
16
accident for bodily injury liability. Also, the
policy shall provide insurance in a minimum amount of
$1,000,000 for each accident for property damage
liability.
(d) Umbrella Policy of $25,000,000 each occurrence,
$25,000,000 aggregate.
For both Vehicle Liability and General Liability, the policies shall
name the Village, its officers and employees as additional insureds.
Certificates of insurance must be filed with the corporate authorities of
the Village on an annual basis as evidence of coverage. Such insurance
policies shall not be cancelable without thirty (30) days prior written
notice to the Village. Insurance premiums shall be paid by the Contractor
and shall be without cost to the Village.
Section 17.2. Indemnification.
(a) The Contractor shall indemnify, defend, save and hold harmless
the Village, its officers and employees from and against all costs,
damages, claims, or expenses he may suffer, incur or sustain or become
liable for, or on account of any injury to or death of his employees or to
any other person, or damage to or injury to real estate or personal
property caused or arising out of the services herein contained and any
toxic or illegal substance picked up, transported or disposed of by the
Contractor.
(b) the Contractor agrees that at his own cost and at all times he
will pay the salaries of all employees employed by him in the performance
of this Agreement.
ARTICLE XVIII
PENALTY CLAUSE
Section 18.1. Penaltv Clause. The delivery of waste collected
outside of the geographical service area designated by the Village in its
Project Use Agreement with SWANCC to a SWANCC facility will subiect the
Village to fines and penalties levied by SWANCC against the Village. The
Contractor herein agrees to indemnify and hold harmless the Village from
any and all fines and penalties levied by SWANCC against the Village on
account of the delivery by Contractor of waste generated outside of the
Village geographical service area.
ARTICLE XIX.
REPORTS
Section 19.1. Reports.
(a) The Contractor agrees to furnish annual financial statements for
all residential services at the end of each calendar year to the Village
Manager plus monthly reports on the number of loads and approximate number
of cubic yards hauled for both solidwaste and yardwaste. A monthly report
for recycling activity showing the types of recycled materials and total
17
weight collected shall also be provided at the same time.
(h) The Village retains the option of having the Contractor's books
and records of accounts audited by a Certified public Accountant. Said
audit shall be at the Village's expense.
(c) The Contractor shall provide copies of all current labor
agreements and other contracts pertaining to the franchise entered into by
the Contractor, if requested by the Village.
(d) Reports and agreements provided in B and C above will be kept
strictly confidential by the Village.
ARTICLE XX
NON -ASSIGNABILITY
Section 20.1. Non-Assiqnability. The Contractor shall not assign or
subcontract this Waste Contract or the work hereunder, or anv part thereof,
to any other person, firm, or corporation without prior written consent of
the Village, but the contractor may perform its obligations hereunder
through its subsidiaries or divisions. such assignment shall not relieve
the Contractor from its obligations or change the terms of this Waste
Contract.
ARTICLE XXI
EQUAL EMPLOYMENT OPPORTUNITY
Section 21.1. Equal Employment Opportunity. In the event of the
Contractor's noncompliance with the provisions of this Section 21.1, the
Illinois Human Rights Act, the Illinois Department of Human Rights Rules
and Regulations, or the Federal Americans with Disabilities Act, the
Contractor may be declared ineligible for future contracts or subcontracts
with the State or any of its political subdivisions or municipal
corporations, and this Waste Contract may be canceled or voided in whole or
in part, and such other sanctions or penalties may be imposed or remedies
invoked as provided by statute or regulation.
During the performance of this Waste Contract, the Contractor aarees
to fully abide by all Federal, State and local government employment laws
including the aforementioned acts and the prevailing Wage Act of the State
of Illinois.
ARTICLE XXII
COMPLIANCE WITH LAWS; SWANCC RULES AND REGULATIONS
Section 22.1. Compliance with Laws; SWANCC Rules and
Reaulations.
(a) The Contractor shall comply at all times with ail
apoiicabie Federal, State and Village laws, ordinances and regulations at
18
any time applicable to the Contractor's operations under this Waste
Contract with no increase to the Contractor's compensation as set forth in
this Waste Contract. The Contractor shall obtain, at its own expense, all
permits and licenses required by law or ordinance and maintain the same in
full force and effect.
(b) The Contractor covenants and agrees that (i) it has read,
understood and agrees to be bound by SWANCC Rules and Regulations relating
to the WTTS and (ii) all fines assessed to the Contractor pursuant to the
Rules and Regulations are the sole responsibility of the Contractor.
ARTICLE XXIII
CARE AND PERFORMANCE
Section 23.1. Care and Performance. The C er::ctor sha]t undertake
to perform all services rendered hereunder in a .. .
workmanlike manner, without supervision by the VillaS�, and to use care and
diligence in the performance of all specified services and to provide neat,
orderly, uniformed and courteous employees and personnel on its crews.
Section 23.2. No Alcohol or Drugs. The Contractor shall prohibit and
use its best efforts to enforce the prohibition of any drinking of
alcoholic beverages or use of illegal drugs by its drivers and crew members
while on duty or in the course of performing their duties under this Waste
Contract as required by the Illinois Drug Free Workplace Act.
Section 23.3. Governing Law. This Waste contract and any questions
concerning its validity, construction or performance shall be governed by
the laws of the State.
Section 23.4. Severability. The invalidity or unenforceability of
one or more of the terms or provisions contained in this Waste Contract
shall not affect the validity or enforceability of the remaining terms and
provisions of this Waste Contract so long as the material purposes of this
Waste Contract can be determined and effectuated.
19
D
IN WITNESS WHEREOF, the parties hereto have caused this Waste Contract
to be executed by their duly authorized representatives, all on the day and
year first above written.
ATTEST:
By:
Its:
ATTEST:
Patricia S. Smith
By:
Its: Village Clerk
20
(CONTRACTOR)
By:
Its:
(VILLAGE)
Dennis J. Gallitano
By:
Its: Village President
D
EXHIBIT C
Single Family Attached Residences
Subdivision
Fox Run
Quads Parcel C
Quads Parcel E
Elk Grove Estates Townhome 2 Parcel G
East Hamptons
Elk Grove Town Estates
Hampton Farms Townhome Association
The Hampton Farm Townhouse Association 42
Roundtree Commons
Talbots Mill
21
Number of Units
224
1J2
?2
142
ISO
36
262
130
80
452
I
EXHIBIT D
Waste/Recycling Compensation Schedule
(Monthly)
22
Contractor's
Recycling
SWANCC
Total
Hauling
Compensation
Fees
Monthly
Compensation
Fee
Single-family
$7.69 +
$3.00 +
$4.23 =
$14.92
detached
Single-family
$3.83 +
$3.00 +
$4.23 =
$11.06
attached
Single-family
$3.78 +
$3.00 +
$4.23 =
$11.01
(single billing)
22
EXHIBIT E
Non--SWANCC Waste Compensation Schedule
Service
Recycling
Yardwaste
April 1, 1995
April 1, 1996
April 1, 1997
White Good (per appliance)
CFC containing
non CFC containing (November 1, 1994)
non CFC containing (November 1, 1995)
Mobile Containers
60 or 90 gallon
13
Fee
$3.00/Month
$1.2 -',Sticker
$1.50/Sticker
$30.00/Item
$10.00/Item
$30.00/Item
$1.50/Month
September 1, 1995
Letter of Understanding
modifying a contractural service required of
Waste Management - Single Family Refuse Contract
As required under Article 2, Section 5 of the Single
Family Refuse contract between the Village of Elk Grove and
Waste Management Northwest, the Village of Elk Grove is hereby
giving notice of its intentions to amend Article 9, Section 1,
Paragraph (e) of the contract.
The Village of Elk Grove will no longer require Waste
Management to transport fall leaves under the street leaf
collection program as required under Section 9.1(e) of the
contract. As a negotiated equitable adjustment to the cost
for this service, Waste Management agrees to rebate to the
village $0.71 per single family detached unit per month,
beginning November 1, 1995. These terms will continue through
the duration of the single family refuse contract.
By signing below, each party agrees to accept the terms of
this letter of understanding as setforth above.
Date: I/%S
Gary E.i.parrin, Village Manager
Elk,Grove,Village
Jo Boyer, Mbneral Manager
Waste Management Northwest
Date: ?-5- 9-r
kv,7 T' '05
AdoP len . S' -v7 -sY