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Home My WebLink AboutRESOLUTION - 49-94 - 10/11/1994 - AGRMT/WASTE MANAGEMENT NW0 RESOLUTION NO. 49-94 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN ELK GROVE VILLAGE AND WASTE MANAGEMENT NORTHWEST (SOLID WASTE CONTRACT) 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: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: SOLID WASTE CONTRACT for Multi -Family Properties Churches Congregate House Units and Alexian Brothers Medical Center 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 11th APPROVED this 11th ATTEST: Patricia S. Smith Village Clerk day of October day of October , 1994. 1994. Dennis J. Gallitano Village President SOLID WASTE CONTRACT for Multi -Family Properties Churches Congregate House Units and Alexian Brothers Medical Center Between ELK GROVE VILLAGE and WASTE MANAGEMENT NORTHWEST TABLE OF CONTENTS PREAMBLE ARTICLE I DEFINITIONS Section 1.1 Definitions 2-5 ARTICLE II SCOPE OF SERVICES Section 2.1 Village Services 5 Section 2.2 Private Services 5 Section 2.3 Revenue Collection 5 Section 2.4 Excluded Services 5-6 Section 2.5 Modification of Required Services 6 ARTICLE III TERMS OF CONTRACT Section 3.1 Term of Contract 6 ARTICLE IV VILLAGE SERVICE Section 4.1 Village Service 6-7 Section 4.2 Private Service 7 Section 4.3 Schedule and Location of Collection 7-8 Section 4.4 Disposal of Solid Waste 8 Section 4.5 Special Pick -Up 9 ARTICLE V CHARGES FOR SERVICE Section 5.1 Village Service 9-10 ARTICLE VI Section 6.1 Billing of Accounts 10-11 Section 6.2 SWANCC Fee 11 Section 6.3 Private Billing 11 ARTICLE XII LICENSE FEE Section ARTICLE VII License Fee 15 TITLE TO WASTE Section 7.1 Title to Waste I1 ARTICLE VIII RECYCLABLE MATERIALS COLLECTION AND DISPOSAL Breach by Contractor Section 8.1 Basic Service 12 Events of Default and Remedies of Village ARTICLE IX BULK ITEMS AND WHITE GOODS Section 9.1 Bulk Items 13 Section 9.2 White Goods 13 Insurance ARTICLE X Section 14.2 CONTRACTOR EQUIPMENT 18 Section 10.1 Vehicles 13-14 ARTICLE XI CONTAINERS - REFUSE Section 11.1 Specifications 14 Section 11.2 Cleaning and Replacement of Containers 14 Section 11.3 Container Repair or Replacement 15 Section 11.4 Inventory 15 ARTICLE XII LICENSE FEE Section 12.1 License Fee 15 ARTICLE XIII BREACH: EVENTS OF DEFAULT AND REMEDIES Section 13.1 Breach by Contractor 15-16 Section 13.2 Events of Default and Remedies of Village 16-17 ARTICLE XIV INSURANCE AND INDEMNIFICATIONS Section 14.1 Insurance 17-18 Section 14.2 Indemnification 18 F � ARTICLE XV PENALTY CLAUSE Section 15.1 Penalty Clause 18 ARTICLE XVI SAVINGS CLAUSE Section 16.1 Savings Clause 19 ARTICLE XVII REPORTS Section 17.1 Reports 19 ARTICLE XVIII NON -ASSIGNABILITY Section 18.1 Non -assignability 19 ARTICLE XIX WAGES/PREVAILING WAGE -PUBLIC ACT 86-799 Section 19.1 Wages 20 ARTICLE XX EQUAL EMPLOYMENT OPPORTUNITY/AMERICAN'S WITH DISABILITY ACT Section 20.1 EEO/ADA 20 ARTICLE XXI COMPLIANCE WITH LAWS AND ORDINANCES/SAFETY Section 21.1 Compliance With Laws and Ordinances/Safety 21 ARTICLE XXII CARE AND PERFORMANCE Section 22.1 Control of Solid Waste 21 Section 22.2 Provisions for Telephone Calls 21-22 Section 22.3 Employee Provisions 22 Section 22.4 Provisions for Missed Pick-up 22 Section 22.5 Damage to Private Property 22 Section 22.6 No Alcohol or Drugs 23 Section 22.7 Governing Law 23 Section 22.8 Severability 23 ARTICLE XXIII PUBLIC AWARENESS Section 23.1 Public Awareness 23 EXHIBIT A - Customers in Geographic Service Area EXHIBIT B - Multi -family Refuse and Recycling Compensation Schedule EXHIBIT C - Compensation Schedule for Churches, Congregate Housing Units and A.B.M.C. EXHIBIT D - Village Ordinance No. 2221 EXHIBIT E - Project Use Agreement CONTRACT FOR SOLIDWASTE AND RECYCLING SERVICE FOR ALL MULTIFAMILY PROPERTIES, CHURCHES, CONGREGATE UNITS AND, AND ALEXIAN BROTHERS MEDICAL CENTER in Elk Grove Village, Illinois 1994-1997 THIS CONTRACT, including Exhibits A through H and the Village's Request for Proposal, is made and entered into this 11th day of October , 1994, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation in Cook and DuPage Counties, Illinois, party of the first part, hereinafter referred 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. WHEREAS, the Village, in order to protect the public health and welfare of all persons located within the geographical service area (as defined herein), 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 may 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 all persons within the geographical service area and impose on those persons rates and charges relating to such services; and WHEREAS, the Village has determined that it is in the best interest of all persons within the geographical service area 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 all persons in the geographical service area to contract with a single waste hauler to 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 1 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) Non-SWANCC Waste at a facility or facilities mutually agreed upon by the Village 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 A. A.B.M.C.: As designated in Exhibit A and as amended from time to time. B. Breach: Means one of the items described in Sections 13.1 or 13.2. C. Building Materials: Articles commonly used in the construction, maintenance, and rehabilitation of all structures. D. Bulk Refuse: Items including, but not limited to: carpeting (rolls nor to exceed 4 ft.), small appliances, large toys, bedding(mattresses/box springs/frames), bicycles, miscellaneous furniture(sofas/loveseats, chairs, stereos, televisions, bookcases, shelving units, pianos, organs, desks, lawn chairs), kitchen cabinets (disassembled), toilets, sinks, vanities, vacuum cleaners, and garage doors. E. Churches: As designated in Exhibit A and as amended from time to time. F. Congregate Housing Units: As designated in Exhibit A and as amended from time to time. G. Containers: A receptacle, one (1) cubic yard or larger furnished by the contractor for multi -family complexes, churches, congregate housing units and A.B.M.C. or recycling container furnished by the Village to multi -family complexes. H. Contract Documents: This document and any addenda or changes to the foregoing documents agreed to by the Village and the Contractor. I. Contractor: Solid waste hauler. J. Coordinator: The Health Coordinator or designated representative. 2 K. Customer: The owner(s) or his/her (their) representative of a multi -family property, church, congregate housing unit or A.B.M.C. L. Disposal Site: The Wheeling Township Transfer Station (WTTS) constructed by the Solid Waste Agency of Northern Cook County at 3 Providence Drive, Glenview, IL 60025. M. Event of Default: Has the meaning specified in Section 13.2. N. Garbage: Any rejected waste, household food, offal, swill, or carrion, and every accumulation of animal fruit, or vegetable matter that attends the preparation, use, cooking, and dealing in or storage of meats, fish, fowl, fruits, or vegetables, and any other matter of any nature which is subject to decay, petrification, and the generation of noxious or offensive gases or odor, or which, during or after decay, may serve as breeding or feeding material for flies or other vermin. O. Geographical Service Area: The area to be serviced by the Contractor and contained in Village Ordinance No. 2221, "An Ordinance Creating a Municipal Waste System." Single-family detached and attached dwelling units, all Village - owned facilities and the library are excluded from this contract. P. Hazardous Waste: Waste, in any amount, which is defined, characterized, or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by, or pursuant to federal or state law; or waste in any amount, which is regulated under federal or state law. For purposes of this Contract, the term, "Hazardous Waste" shall also include motor oil, gasoline, paint, and antifreeze. Q. Non-SWANCC Waste: White goods, Yardwaste, and certain Recyclable Materials and other materials designated by the Village for collection, provided that such materials are not SWANCC Waste. The Village reserves the right to amend the definitions of Non-SWANCC Waste during the terms of the Solid Waste Contract. R. Private Collection: Waste not otherwise covered by this Waste Contract. A special fee shall be charged by the contractor. This fee shall be above and beyond the regular monthly rate and billed direct to the customer. S. Project Use Agreement: The Project Use Agreement (see Exhibit F), dated March 10, 1992 between SWANCC and the Village as amended from time to time. 3 T. Public Awareness Programs: Programs developed and provided by the Contractor to inform residents of the solid waste/recycling collection services and to encourage use of such services. U. Recyclable Materials: 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 bags), 10 corrugated cardboard, junk mail, office paper, #1 PETE plastic containers, #2 HDPE plastic containers, #6 polystyrene, 6 -pack rings, 12 -pack bands, aseptic juice boxes, aerosol cans, and other items that the Village and Contractor agree to recycle in the future. V. Refuse: All garbage, ashes, manure, and dead animals or parts thereof, household litter, junk scraps, and small auto parts, providing all such materials are of a size sufficiently small to permit being placed in a suitable container and not left in piles on the ground. W. Residential Dwelling Units: Multi -family dwellings as designated in Exhibit A as amended from time to time. X. State: Means State of Illinois. Y. SWANCC: Solid Waste Agency of Northern Cook County. Z. SWANCC Waste: Shall have the meaning ascribed to it in the Village Ordinance No. 2221 as amended from time to time. For the purpose of this contract SWANCC waste will be limited to waste generated from multi -family properties, churches, congregate housing units, and A.B.M.C. AA. Unacceptable Waste: Tires, automobile wheels and large parts, automobile and similar batteries, toxic waste, hazardous and non -hazardous special waste, radioactive waste, medical waste, friable asbestos waste, volatile and explosive waste, acids and poisons, gasoline, motor oil and other flammable liquids, unhardened paint and other liquid wastes and any other material the Contractor is legally unable to accept for collection. The Village reserves the right to amend the definitions of Unacceptable Waste during the terms of the Solid Waste Contract. BB. Village: Village of Elk Grove Village, Cook/DuPage Counties, Illinois. CC. Village Manager: The Manager of the Village of Elk Grove Village, or designated representative. 0 DD. Village Service: Means the service provided by the contractor on behalf of the Village, pursuant to Section 4.1. EE. Waste Contract: Means this contract, by and between the Village and Contractor as amended from time to time. FF. White Goods: Items include, but are not limited to: stoves, ovens, washing machines, clothes dryers, air conditioners, refrigerators, freezers, dehumidifiers, furnaces, water softeners, water heaters, trash compactors, and dishwashers. GG. WTTS: The Wheeling Township Transfer Station. ARTICLE II - SCOPE OF SERVICES Section 2.1 Village Services. A) The Contractor shall provide, on behalf of the Village, complete service for the collection and transportation of all SWANCC Waste from any and all multi -family properties, churches, congregate housing units and A.B.M.C. only, to the WTTS or such other SWANCC or Non-SWANCC facility designated by the Village. B) The Contractor shall provide, on behalf of the Village, 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. Section 2.2 Private Services. A) 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. Section 2.3 Revenue Collection A) 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 A) Waste collection, transportation and disposal from commercial and industrial establishments within the Village are not included within this contract, and are 5 expressly prohibited from disposal at the WTTS. B) The Contractor shall not be responsible for the collection and disposal of any unacceptable waste (see definition). Section 2.5 Modification of Required Services. A) 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. The Contractor shall be the sole and exclusive agent of the Village to provide the above referenced Village Services. ARTICLE III - TERM OF CONTRACT Section 3.1 Term of Contract A) 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) additional one-year (1) extensions upon notifying 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 negotiate 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. 1) The Contractor shall provide, on behalf of the Village, complete services for the collection of all SWANCC Waste from all multi -family properties, 3 churches, congregate housing units, and A.B.M.C. 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. 1) The Contractor shall provide, on behalf of the Village, complete services for the collection of all Non-SWANCC Waste from all multi -family churches, congregate housing units, and A.B.M.C. in accordance with the schedule provided in Section 4.3 and transportation and disposal or sale to a facility mutually agreed upon by the Village and the Contractor. Non- SWANCC Waste shall include the following: a) Bulk Items as provided in Article IX. b) Recyclable Materials as provided in Article VIII. c) White Goods as provided in Article IX. Section 4.2 Private Services A) 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 residential customer 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 customer, the Contractor shall furnish an estimate for the cost of removal of any materials named in the immediately preceding paragraph. Section 4.3 Schedule and Location of Collection A) Pickups of multi -family dwelling units, churches, congregate housing units, and A.B.M.C. shall be in the designated "garbage areas" located on the premises, provided that such designation meets the prior approval of the owner, Contractor and Village. B) The starting time for the collection services described herein shall not 7 commence earlier than 7:00 a.m. on any pick-up day. C) All refuse and recyclable collected shall be removed from the Village as soon as the materials are collected, but in any event no later than 7:00 p.m. of the date of collection. D) Except as modified during holiday weeks, refuse and recyclable materials shall be collected each week on the same day of the week, Monday through Friday. E) Collections normally falling on the holidays listed below may be deferred until the next day: New Year's Day Labor Day Memorial Day Thanksgiving Independence Day Christmas Day F) Bulk items and white goods shall be collected in accordance with the provisions of Article IX. G) Recyclable materials shall be collected in accordance with the provisions of Article VIII. H) 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 customer between the hours of 7 a.m. and 6 p.m. Section 4.4 Disvosal of Solid 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 Village, all in accordance with the laws of the State, any United States governmental agencies, and as directed by the Village. Such SWANCC Waste must not be commingled with any other waste. The Contractor is obligated to pay any penalties imposed upon the Village by SWANCC for commingling any SWANCC waste with Non-SWANCC waste. B) Non-SWANCC Waste. (1) Recyclable materials collected shall be transported to sites approved by the Village. (2) White Goods and yardwaste shall be transported to permitted sites for 8 disposal or recycling in accordance with applicable laws. Section 4.5 Special Pick-up A) The contractor shall be responsible for collecting all refuse items normally collected in the event of flooding or other man-made or natural disasters, regardless of the amount of such material that is generated. Collection time may be waived by the Village in such cases, and the Contractor may have to supply additional equipment to handle the amount of refuse. 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 WTTS or such other SWANCC or Non-SWANCC facility designated by the Village, the Contractor agrees to charge not more than the following: 1) Rates for multi -family dwelling units shall be set forth in Exhibit B. 2) Rates for churches, congregate housing units, and A.B.M.C. shall be determined by container size and type of container (see Exhibit Q. 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 Village. 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 following: 1) Recycling. a) Rates for multi -family dwelling units shall be set forth in Exhibit B. b) Rates for churches, congregate housing units, and A.B.M.C. shall be determined by size of containers and materials to be recycled (see Exhibit C). 0 Recycling shall be voluntary on the part of churches, congregate housing units, and A.B.M.C., but the Contractor must supply information to these customers on the type of program they offer, the items they include for recycling, and encourage recycling as a way to minimize solid waste generation. All promotional materials must be approved by the Village. 2) White Goods Charge. The Contractor will charge a fee of $30.00 per appliance for all "White Goods" containing chloroflourocarbons (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. 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 $2.47 per per unit per month for multi family units and $ 5.60 per cubic yard for churches and congregate housing units as detailed in Exhibit C. A.B.M.C. will be charged a flat fee of $44.78 per each ton of waste hauled. 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 similar or comparable services to the extent that the comparable service and charges therefore can be interrelated in order to determine any violation of this paragraph. Any dispute as to higher charges or the manner of calculation 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 Billing of Accounts A) 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 for the Village shall be accounted for separately and shall be held by the Contractor for 10 the benefit of the Village. Section 6.2 SWANCC Fee A) The Contractor shall on a monthly basis, pay to the Village an amount equal to the monthly SWANCC Tipping Fee as established by the Village, multiplied by the total number of dwelling units, for multi -family complexes, and by the total cubic yards (size of container), collected for all other properties in the geographical service area billed by the Contractor for the succeeding month. Each monthly payment shall be due by the Contractor to the Village 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 (5%) of the overdue payment. Section 6.3 Private Billine A) The Contractor may but is not required to, include as an item on each customer'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 the customer for this service. Alternatively, the Contractor may bill customers separately for Private Service. ARTICLE VII - TITLE TO WASTE Section 7.1 Title to Waste A) The Contractor shall, as agent for the Village, transfer all SWANCC Waste to the WTTS 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 shall remain with the Village until such waste is accepted for delivery at the WTTS. The Village will not, at any time, take legal title to Non-SWANCC Waste or Private Service Waste. 11 ARTICLE VIII - RECYCLABLE MATERIALS COLLECTION AND DISPOSAL Section 8.1 Basic Service A) Multi -family (1) The Village shall provide specially painted and marked containers for commingled recyclable in multi -family complexes. The number of units and frequency of collection shall be determined by the participation level at each complex. (2) Recyclable materials collected shall be the same as those included in the single-family program as specified in this Contract. (3) It is recognized that the Village is considering a proposal by the Contractor whereby the Contractor will supply recyclable containers to all mulit-family units with no additional compensation other than that designated herein for recycling services. B) Other Customers (1) The Contractor shall provide appropriate recycling containers for churches, congregate housing units, and A.B.M.C., upon the request of the customer. C) Methods of Preparation (1) The Contractor shall specify the method in which the recyclable are to be prepared for collection. (2) The Contractor shall be required to implement a notification system for Recyclable Materials that are not collected. The Contractor shall notify the owner(s) or management agency as to why the recyclable materials were not collected. The Contractor shall provide the notification system to the Village for advance approval. D) No disposal of recyclables in a landfill or incinerator by the contractor shall occur without the Village's knowledge and authorization. Should such disposal occur without the Village's knowledge and authorization, it may result in termination of this Contract and/or reimbursed compensation to the Village. Upon request of the Village, evidence of appropriate sale of or transfer of title to the recyclable for recycling shall be furnished to the Village. E) Recycling Rebate: The Contractor agrees to process, store and market the recyclable materials to an end user, acceptable to the Village, or utilize the 12 DuPage County IPF. The Contractor agrees to rebate the Village by the 15th day of the month immediately following the period for which service has been rendered, a flat fee per ton each month regardless of price fluctuations with the Contractor retaining all receipts from the sale of said materials. The rate rebated to the Village shall be $9.50 per ton. This rate shall be in effect for the duration of the agreement. ARTICLE IX - BULK ITEMS AND WHITE GOODS Section 9.1 Bulk Items A) 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 pack -type equipment. All bulk items shall be placed out by the customer for collection on the regular refuse collection day provided a call has been made to the Contractor by the customer to notify the Contractor of the bulk Item Collection. Such collection shall be made without additional charge to the customer. Section 9.2 White Goods A) The Contractor shall furnish a White Goods Collection Service to collect and dispose of all White Goods. All White Goods shall be placed out by the customer for collection on the Thursdays only, provided a call has been made to the Contractor by the customer notifying the Contractor of the White Goods Collection. A charge shall be imposed per item for the collection and disposal of any White Goods, as specified in Article V, Section 5.1 B(2). ARTICLE X - CONTRACTOR EQUIPMENT Section 10.1 Vehicles A) The Contractor agrees and it shall be mandatory upon him to acquire, operate and maintain the most modern collection equipment for use in the Village 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 designated for recycling service. B) Equipment used for Private Service may be open -body trucks, dump trucks and 13 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. E) 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, and 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. F) 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 XI - CONTAINERS - REFUSE Section 11.1 Specifications A) All materials to be collected in the regular service shall be placed in acceptable containers except for such items as are too bulky to fit in said containers. Items too large to placed inside containers may be set next to the container(s) on the same day as collection. B) All containers shall be provided by the Contractor. All containers shall have plastic lids and meet federal and state safety standards. In addition, all containers shall be visibly identified as refuse/garbage. C) The Contractor must supply a sufficient quantity of containers to adequately service each facility/customer. Determination of sufficient quantity shall be made exclusively by the Village. At the request of the Village, the Contractor must provide additional containers to service the facility/customer. 14 Section 11.2 Cleaning and Replacement of Containers A) Containers used for providing solid waste collection service to multi -family dwellings, churches, congregate housing units and A.B.M.C. shall be cleaned by the Contractor at least semi-annually, or more often if deemed necessary by the Village, to keep them in sanitary condition. Said cleaning shall be at the Contractor's expense and be performed at the Contractor's location, not at the premises of the customer. Section 11.3 Container Repair or Replacement A) The Contractor shall repair or replace, at its expense, containers damaged as a result of handling or wear and tear excepted. The Contractor shall close lids or covers on containers immediately after emptying. Section 11.4 Inventory A) The Contractor shall be required to submit to the Village an inventory and pickup schedule (frequency) of all containers within the geographical service area. ARTICLE XII - LICENSE FEE Section 12.1 License Fee A) The Contractor shall pay for an annual Village Scavenger License and shall display the appropriate license on each vehicle collecting refuse in the geographical service area. ARTICLE XIII - BREACH: EVENTS OF DEFAULT AND REMEDIES Section 13.1 Breach by Contractor A) Each of the following shall constitute a Breach on the part of the Contractor: 1) 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 Village under this Waste Contract; 2) Failure of the Contractor to perform timely any obligation under this Waste Contract not included within subparagraph (a) above, except that such failure shall constitute a Breach only if such failure remains uncured for five (5) 15 days after notice to the contractor from the Village of such failure; or 3) 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, (2) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (3) 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, (4) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (5) the levy of any distress, execution or attachment upon the property of the Contractor which shall or which reasonable might be expected to substantially interfere with its performance under this Waste Contract. 4) 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 subject 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 and shall pay all fines and penalties levied by SWANCC against the Village. Section 13.2 Events of Default and Remedies of Village A) If a Breach occurs, the Village may exercise any one or more of the following remedies: 1) 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 (5) below, upon such termination the Contractor shall cease providing services under this Waste Contract; 2) The Village may seek and recover from the Contractor any unpaid amounts due the Village, 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; 16 3) The Village may take possession of the Contractor's equipment, vehicles, facilities which are normally used in providing service to the geographical service area of the Village covered under this Contract, and to employ such personnel as the Village 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 Village by the Contractor. 4) The Village shall have the power to proceed with any 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 any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law; 5) 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 by 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 13.2 shall survive the termination of this Waste Contract. ARTICLE XIV - INSURANCE AND INDEMNIFICATION Section 14.1 Insurance A) The Contractor agrees to carry insurance relating to this Waste Contract as follows: 1) Worker's Compensation. The Contractor shall carry in a company 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. 17 2) Vehicle Liability. 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 reasonably withheld) under a comprehensive form to insure the entire motor vehicle liability for its operations with limits of not less that $1,000,000 per individual and $2,000,000 for each accident for bodily injury liability. Additionally, the policy shall provide insurance in a minimum amount of $1,000,000 for each accident for property damage liability. 3) General Liability. The Contractor shall carry in its own name a policy of comprehensive liability insurance coverage with an insurance company acceptable to the Village (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 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. 4) Umbrella Policy of $25,000,000 each occurrence, $25,000,000 aggregate. For both Vehicles Liability and General Liability, the policies shall name the Village, its officers and employees as additional insureds. Certificate of insurance must be filed with the corporate authorities of the Village on an annual basis as evidence od 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 14.2 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 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. ARTICLE XV - PENALTY CLAUSE Section 15.1 Penalty Clause A) The delivery of waste collected outside of the geographical service area designated by the Village in its Project Use Agreement with SWANCC to a IV SWANCC facility will subject 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 XVI - SAVINGS CLAUSE Section 16.1 Savines Clause A) 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. ARTICLE XVII - REPORTS Section 17.1 Reports A) The Contractor agrees to furnish annual financial statements to the Village at the end of each calendar year. The Contractor further agrees to provide monthly reports on the number of cubic yards/tons hauled of solidwaste, and the types of recycled materials and total weight collected. The Contractor also agrees to provide the actual tonnage of waste hauled from A.B.M.C. (waste from roll off containers). B) 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, at the request of the Village. D) The reports and agreements provided in B and C above will be kept strictly confidential by the Village. ARTICLE XVIII - NON -ASSIGNABILITY Section 18.1 Non-Assi ng ability A) The Contractor shall not assign or subcontract this Waste Contract or the work 19 thereunder, or any 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 XIX - WAGES/PREVAILING WAGE -PUBLIC ACT 86-799 Section 19.1 Waees A) The Contractor shall pay the salaries of all employees engaged in connection with the performance of the Contract and shall pay all other expenses, including (without limitation) salaries of all employees, insurance premiums, solid waste disposal fees, all operation equipment acquisition costs or rental charges, administrative costs, and equipment maintenance costs. B) Not less than the prevailing rate of wages, as found by the Village or Department of Labor, or determined by a court on review shall be paid to all laborers, workers and mechanics performing work under this Contract. The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed by them on this Contract and showing the actual hourly wages paid to each of such persons. C) The submission by the Contractor and each subcontractor of payrolls, or copies thereof, is not required. However, the Contractor and each subcontractor shall preserve their weekly payroll records for a period of three (3) years from the date of completion of this Contract. D) If the Department of Labor revises the prevailing rate of hourly wages to be paid by the public body, the revised rate, as provided by the public body, shall apply to this Contract but shall not increase the rates therein. ARTICLE XX - EQUAL EMPLOYMENT OPPORTUNITY/AMERICANS WITH DISABILITIES ACT Section 20.1 ECO/ADA A) The Contractor shall comply in all respects with the Equal Employment Opportunity Act and the ADA. The Contractor shall have a written equal opportunity policy statement declaring that it does not discriminate on the basis of race, color, religion, sec, national origin, disability, or age. Findings of non- compliance with applicable State or Federal equal employment opportunity or disability/rehabilitation laws and regulations may be sufficient reason for 20 revocation or cancellation of this contract. ARTICLE XXI - COMPLIANCE WITH LAWS AND ORDINANCES/SAFETY Section 21.1 Compliance With Laws: SWANCC Rules and Regulations A) The Contractor shall comply with the provision of Title 3, Chapter 14 (Scavengers) and Title 3, Chapter 4 (Garbage and Refuse) of the Village Code, during the term of the Village's solid waste contract. B) The Contractor shall comply with all applicable laws, ordinances, rules and regulations of the State of Illinois, County of Cook/DuPage, SWANCC and Village of Elk Grove Village relating to performance of the Contract, use of premises and public places, and safety of persons and property. The Contractor shall obtain, at own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect. C) The Contractor shall read, understand and agree to be bound by SWANCC Rules an Regulations relating to WTTS and pay all fines assessed to the Contractor pursuant to the Rules and Regulations are the sole responsibility of the Contractor. ARTICLE XXII - CARE AND PERFORMANCE Section 22.1 Control of Solid Waste A) All solid waste hauled by the Contractor shall be contained, tied, or enclosed so that leaking, spilling, or blowing of litter or fluids is prevented. In the event of any spillage (by the Contractor) on the parkway, street, or customer's property, the Contractor shall immediately clean up the litter or fluids. If such litter or fluids are not cleaned up after notice (verbal or written) from the Village or property owner or designated representative, the Village or owner may clean up same, and bill the cost to clean up any spillage or displacement to the Contractor for services rendered by the Village or property owner. Section 22.2 Provision for Telephone Calls A) The Contractor shall maintain an office telephone number for the receipt of service, billing 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 investigate; and if verified, shall arrange for collection of such 21 waste within 24 hours after the complaint is received. The Contractor shall log all reports of missed pickups and provide such log to the Village on a monthly basis. B) The Contractor shall assign a qualified person(s) to be in charge of its operations in the Village and shall provide the name(s) and phone number(s) to the Village Manager and Health Coordinator. Information regarding experience of the individual(s) shall also be furnished. A telephone number by which the Contractor may be reached after regular hours shall also be provided to the Village. Section 22.3 Employee Provisions A) All collection employees shall be required to carry an employee ID and must present it upon request. B) Each employee driving a vehicle shall, at all times, carry a valid Illinois operator's license for the type of vehicle being driven. Section 22.4 Provisions for Missed Pickup A) In case of a missed solid waste pickup that is the fault of the Contractor and that is reported to the Contractor by the Village or a customer, under the contract, the Contractor shall collect the missed items from such residence within twenty-four (24) hours of notification. Such calls to the Contractor shall be logged by the Contractor and be provided upon request. B) If the customer fails to properly prepare their solid waste for collection, the Contractor shall tag the material. The tag shall indicate why the material was not picked up. C) In the event the Contractor is unable to render the scheduled service to any customer due to the inaccessablility of the customer's solid waste, the Contractor will maintain a record of the address and time of the missed pickup. D) In the event a street is closed due to construction work, the Contractor agrees to collect refuse, yard materials, and recyclable materials in accordance with the regular schedule and in accordance with a method of collection approved by the Village. The method of collection shall be a method offering minimal inconvenience to customers. Section 22.5 Damage to Private Property A) The Contractor shall be responsible for any yard damage arising out of its 22 obligations, and shall make such restoration as quickly as possible. Section 22.6 No Alcohol or Drues A) 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 in accordance with the Illinois Drug Free Workplace Act. Section 22.7 Governing Law A) This Waste contract and any questions concerning its validity, construction or performance shall be governed by the laws of the State. Section 22.8 Severability A) 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. ARTICLE XXIII - PUBLIC AWARENESS Section 23.1 Public Awareness A) Prior to November 1, 1994, November 1, 1995, and November 1, 1996, the Contractor shall be responsible for all costs to prepare and distribute informational brochures and other information of benefit to customers about its solid waste collection and recycling programs. The Village shall approve the brochures before they are distributed. 23 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: ATTEST: By: Patricia S. Smith Its: Village Clerk (CONTRACTOR) By: (VILLAGE) By: Dennis J. Gallitano Its: Village President 24 EXHIBIT A Customer Included in Geographical Service Area Under This Contract (Multi -family Complexes, Churches, Congregate Housing Units, and A.B.M.C.) NOTE: The number of units may increase during the term of the agreement. The Contractor needs to be obligated to service any new units which are constructed during the term of the agreement. Multi -family Complexes Name of Location Number of Units Boardwalk Condominiums 144 Burton Grove 192 Carroll Square Apartments 156 Chardonnay by the Lake Condominiums 120 Cypress Place Apartments 192 Eagles on Tonne Apartments 192 Hamilton Court Apartments 579 Park Chardonnay Condominiums 63 Park Orleans Condominiums 69 Perrie Grove (Even) Apartments 72 Meadow Grove Apartments 84 Regency Square Apartments 218 Terrace Apartments 448 Village Grove Apartments 300 Village on the Lake Condominiums 442 Washington Square Condominiums 108 Willow Woods Condominiums 54 Total 3,433 please continue.... Churches Christus Victor Lutheran Church 1045 S. Arlington Heights Road El Bethel Christian Center 777 Meacham Road Elk Grove Baptist Church 801 Beisner Road Elk Grove United Presbyterian Church 600 East Elk Grove Boulevard Evangelical Lutheran Church of the Holy Spirit 666 Elk Grove Boulevard First Baptist Church 590 Tonne Road Gethseamane Presbyterian Church 301 Ridge Prince of Peace United Methodist Church 1400 S. Arlington Heights Road Queen of the Rosary Catholic Church 750 Elk Grove Boulevard Saint Julian Eymard Catholic Church 601 West Biesterfield Road Saint Nicholas Episcopal Church 1072 Ridge Avenue Northwest Filipino Church 1900 Nerge Road Wesleyan Community Church 545 Landmeier Road Congregate Housing Americana Nursing Home 1929 Nerge Road Brentwood Baptist Manor 231 Shadywood Lane A.B.M.C. (Alexian Brothers Medical Center) Hospital & Ancillary Facilities Alexian Brothers Medical Center 800 Biesterfield Neihoff Pavilion 955 Beisner Corporate Office 600 Alexian Way Brothers Residence 801 Gloucester Priests' House EXHIBIT B TOTAL MULTIFAMILY REFUSE AND RECYCLING COMPENSATION SCHEDULE INCLUDING SWANCC TIPPING FEE COST PER UNIT PER MONTH TOTAL MONTHLY MONTHLY NUMBER CHARGE CHARGE NAME OF UNIT OF UNITS PER UNIT PER UNIT BOARDWALK CONDO. 144 $13.29 $1,913.76 BURTON GROVE 192 $4.99 $958.08 CARROLL SQUARE 156 $8.81 $1,374.36 CHARDONNAY BY THE LAKE 1 60 $8.89 $533.40 CHARDONNAY BY THE LAKE 2 60 $8.65 $519.00 CYPRESS PLACE APARTMENTS 192 $7.41 $1,422.72 EAGLES ON TONNE 192 $6.08 $1,167.36 HAMILTON COURT 579 $6.45 $3,734.55 PARK CHARDONNAY 63 $8.24 $519.12 PARK ORLEANS 69 $7.52 $518.88 PERRIE GROVE (EVEN) 72 $5.62 $404.64 MEADOW GROVE 84 $5.77 $484.68 REGENCY SQUARE 218 $6.87 $1,497.66 TERRACE APARTMENTS 448 $7.41 $3,319.68 VILLAGE GROVE 300 $4.63 $1,389.00 VILLAGE ON THE LAKE 442 $7.02 $3,102.84 WASHINGTON SQUARE 108 $7.31 $789.48 WILLOW WOODS 54 $6.98 $376.92 TOTAL 3,433 WASTE MANAGEMENT IS TO REIMBURSE THE SWANCC FEE TO ELK GROVE VILLAGE AT THE RATE OF $2.47 PER UNIT PER MONTH FROM THE FEES BILLED ABOVE. 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