HomeMy WebLinkAboutRESOLUTION - 47-20 - 7/7/2020 - Simple Recycling AgreementRESOLUTION NO.47-20
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN
SIMPLE RECYCLING ILLINOIS AND THE VILLAGE OF ELK GROVE VILLAGE
NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached document
marked:
FIRST AMENDMENT TO AGREEMENT FOR COLLECTION OF
SOFT RECYCLABLES
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 document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 7th day of July 2020.
APPROVED this 71h day of July 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
FIRST AMENDMENT TO AGREEMENT FOR COLLECTION OF SOFT
RECYCLABLES
This First Amendment to Agreement for the Collection of Soft Recyclables ("First
Amendment") made this day of , 2020 amends a certain Collection of Soft
Recyclables Agreement dated March 10, 2020 between the Village of Elk Grove Village
("Village"), and Simple Recycling Illinois, LLC ("Contractor").
RECITALS
WHEREAS, Village and Contractor entered into that certain Agreement for Collection of Soft
Recyclables dated March 10, 2020 ("Agreement").
WHEREAS, due to the COVID-19 pandemic, Contractor's operations were shut down for a
period of time in compliance with restrictions on non -essential business operations to prevent the
spread of COVID-19.
WHEREAS, the costs associated with collecting, sorting, and reselling Soft Recyclables have
increased as a results of restrictions put in place to stem the spread of COVID-19, and Contractor
is no longer able to provide a fee to Village for this service.
WHEREAS, Village and Contractor, in their mutual interest, wish to amend the Agreement as set
forth herein.
NOW, THEREFORE, in consideration of the above and pursuant to the terms set forth
under the Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Village and Contractor hereby agree as follows:
1. Section 1 regarding Term is deleted in its entirety and replaced with the following:
Term. This Agreement shall begin on March 15, 2020 and continue for an initial term
of two (2) years (the "Initial Term"). At the end of the Initial Term, Contractor and
Village have the right to renew for additional two (2) year terms upon mutual
agreement (each such term an "Extension Term" and collectively, the "Term"). Unless
either Party provides written notice to the other Party at least sixty (60) days prior to
the end of the Initial Term or any Extension Term, the Term Agreement shall
automatically renew for ten (10) additional number of two (2) year terms. During the
Term, Contractor shall have the sole and exclusive rights to pick up Soft Recyclables
in the Village's Service Area through municipal contracted pick up.
2. ty Section 2 regarding Contractor's Program Commencement is deleted in its entireand
replaced with the following:
Contractor's Program Commencement. Contractor agrees to begin providing
program services on the earlier of the following: (1) a date no later than the 31St of
December, 2020, or (2) the date on which the Contractor provides written notice that
they have achieved agreement with the Village's contracted waste hauler to participate
in collection activities (the "Date of Commencement"). In either event, the Date of
Commencement will be no later than twelve (12) months from the Date of Execution
of this Agreement. In the event program service do not begin within twelve (12) months
of the Date of Execution of this Agreement, this Agreement terminates without further
action of the parties. On the Date of Commencement, Contractor agrees to furnish all
labor, equipment, tools, and services required and necessary for the collection and
disposal of Soft Recyclables within Village and the Service Area and provide qualified
supervisory personnel to direct the activities of Contractor under this Agreement.
3. Section 10 regarding Contractor's Fee is deleted in its entirety and replaced with the
following:
No Fees for Contractor Services. Under no circumstances will Village, its residents
or Service Recipients incur any fees, charges or assessments to the Contractor for
Contractor's delivery of services under this Agreement.
The parties have executed this First Amendment as of the effective date.
VILLAGE OF ELK GROVE VILLAGE SIMPLE RECYCLING ILLINOIS, LLC
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
AGREEMENT FOR COLLECTION OF SOFT RECYCLABLES
This Agreement for the Collection of Soft Recyclables (-Agreement') is made and entered
into this /� day of IYAk? It 2020, (the "Date of Execution") by and between the
Village of Elk Grove Village, a municipal corporation with an address at 901 Wellington Avenue,
IL 60007 (herein referred to as 'Village'), and Simple Recycling Illinois, an Illinois LLC with a
business address at 5425 Naiman Parkway, Solon, OH 44139 (together which with its successors
and assigns, herein referred to as "Contractor"); each individually is a "Party", and collectively the
"Parties".
W ITNESSETH:
WHEREAS, Contractor is skilled and experienced in the curbside collection and efficicnt
recycling and disposition of Soft Recyclables as defined hereinafter; and
WHEREAS, the Village desires to limit and restrict the quantity of Soft Recyclables which
are deposited in the landfill; and
WHEREAS, Village has selected Contractor to collect, identify, haul, recycle and/or
dispose of Soft Recyclables in the Village's Service Area, defined hereinafter, and
WHEREAS, Contractor can provide such services and is in the business of and has the
expertise, experience, resources and capability to perform the collecting, identifying, packaging,
hauling, recycling and/or disposing of Soft Recyclables; and
Now, THEREFORE, in consideration of the premises and material promises set forth
below and other consideration the receipt and sufficiency of which is hereby acknowledged by the
parties, Contractor and Village (herein collectively called the "Parties") hereby agree as follows:
1. Term. This Agreement shall begin on March 15, 2020 and continue for an initial term
of five (5) years (the 'Initial Term'). At the end of the Initial Term, Contractor and Village have
the right to renew for additional five (5) year terms upon mutual agreement (each such term an
'Extension Term' and collectively, the 'Term'). Unless either Party provides written notice to the
other Party at least sixty (60) days prior to the end of the Initial Term or any Extension Term, the
Term Agreement shall automatically renew for four additional number of five (5) year terms.
During the Term, Contractor shall have the sole and exclusive rights to Village's Service Area
through municipal contracted pick up.
2. Contractor's Program Commencement. Contractor agrees to begin providing
program services on the earlier of the following: (1) a date no later than the 301^ of June, 2020, or
(2) the date on which the Contractor provides written notice that they have achieved agreement
with the Village's contracted waste hauler to participate in collection activities. (the "Date of
Commencement"). In either event the Date of Commencement will be no later than twelve (12)
months from the Date of Execution of this Agreement. In the event program services do not begin
within twelve (12) months of the Date of Execution of this Agreement, this Agreement terminates
without further action of the Parties. On the Date of Commencement, Contractor agrees to furnish
RECEIVED
MAR 2020
VILLAGE MANAGER'S
OFFICE
all labor, equipment, tools, and services required and necessary for the collection and disposal of
Soft Recyclables within Village and the Service Area and provide qualified supervisory personnel
to direct the activities of Contractor under this Agreement.
3. Collection Procedures. During the Term and after the Date of Commencement,
Contractor shall collect all acceptable Soft Recyclables set -out for recycling and collection by
Residential Customers in approved Containers. The decision of what is an "acceptable" Soft
Recyclable shall be made in the reasonable discretion of Contractor, subject to Village approval,
which approval shall not be unreasonably withheld. However, in no event shall Contractor be
required to accept any Excluded Items, defined hereinafter, and in no event shall Contractor
provide service to Commercial Customers. Contractor shall not be responsible for collecting Soft
Recyclables which have fallen or been placed Curbside but are not in a Container. Contractor
agrees to operate collection vehicles in such a manner to prevent materials from being blown from
the vehicle. If at any time during collection and transport, Soft Recyclables are spilled onto a
street, sidewalk, or private property, Contractor shall clean up and place in the collection vehicle
all Soft Recyclables before the vehicle proceeds to the next stop on the collection route or shall
promptly make all other reasonably necessary arrangements for the immediate clean-up of spilled
Soft Recyclables. Contractor agrees to remove and dispose of all Soft Recyclables at no cost to
Village.
4.Ownership. Soft Recyclables set out for collection on the regularly scheduled collection
day shall belong to Contractor from the time of its set -out. Soft Recyclables physically collected
by Contractor shall be deemed acceptable Soft Recyclables for the purposes of its obligations
under this Agreement.
5. Set Out Procedures. Residents shall place Soft Recyclables into Containers and place
Containers at Curbside for collection. Overflow material shall be placed adjacent to the
Container(s) in plastic bags or other easily handled container. Soft Recyclables shall not be set
out in tied bundles. Contractor must collect all Soft Recyclables that are set out in this manner and
are placed within seven (7) feet of the Curbside. Containers shall be placed in a manner that will
not interfere with or endanger the movement of vehicles or pedestrians. When construction work
is being performed in the right-of-way, Containers shall be placed as close as practicable to an
access point for the collection vehicle. Contractor may decline to collect any Soft Recyclables not
set out in accordance with this paragraph.
6. Contamination and Improper Set Out. If Contractor encounters any improperly
packaged Soft Recyclables or other contaminants in the Container, Contractor may leave those
materials in the Container or remove them from the Container and leave them Curbside.
Contractor must place a tag on the contaminant(s) that is not collected, collect the acceptable items,
and leave contaminants at Curbside.
7. Collection Schedule. Contractor shall divide the Service Area into collection areas to
coincide with Village contractor's refuse collection dates. Collections shall be made from Service
Recipients as defined hereinafter, on a regular schedule in accordance with the existing Village
pickc4i. Jch.-w NlY, , ..V Tight ♦V ,a1'1L V_ the
frequency of the scheduled pickups on an as -needed basis, provided that Contractor notifies the
Village in advance of any altered schedule.
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Contractor shall not be required to perform any service under this Agreement on Holidays.
Contractor may interrupt the regular schedule and quality of service because of street repairs, snow
or other closures of public routes, which in Contractor's sole reasonable discretion makes the pick-
up of the Soft Recyclables from a Service Recipient impracticable under the circumstances.
8. Missed Collections and Complaints. Service Recipients shall be instructed by Village
to report missed collections and complaints to Contractor. The Program Brochure and other
program information shall include contact information for the Contractor to facilitate
communication from Service Recipients. Contractor shall give prompt and courteous attention to
all reported missed collections and complaints.
9. Inventory of Containers. During the term of this Agreement, Contractor shall purchase
(at its sole cost) and maintain an inventory of acceptable and approved Containers for distribution
to Service Recipients. Prior to commencement of service under this Agreement, Contractor shall
provide new Containers to each Service Recipient. Containers shall initially be delivered to
Service Recipients with an informational brochure on the recycling collection program described
herein that is produced and printed by the contractor and approved by Village, which approval
shall not be unreasonably withheld (the "Program Brochure").
10. Contractor's Fee. Contractor shall pay to Village a contract fee of One Cent ($0.01)
per pound of gross receipts of Soft Recyclables in the Village's portion of the Service Area.
Payments shall be made to Village not more than thirty (30) days following the close of each
calendar month during the term of this Agreement. Weight shall be collected and documented
upon completion of each collection day. Under no circumstance will Village, its residents or
Service Recipients incur any fees, charges or assessments to the Contractor for Contractor's
delivery of services under this Agreement.
11. Public Information and Education Program. Village shall provide public
information in the normal course to inform Service Recipients of this recycling program. The
content and timing of Village public information shall -be coordinated with Contractor. Village
agrees to announce the program to residents a minimum of six (6) times per year using municipal
communication channels.
Contractor may prepare and distribute its own promotional materials subject to Village approval,
which approval shall not be unreasonably withheld. Contractor shall participate in Village directed
promotion and education efforts as outlined below:
a. During the course of the routine recycling pick up, provide and distribute notices
regarding rejected materials and proper set out procedures.
b. Training of employees to deal courteously with Service Recipients on the telephone
and on -route to promote the collection service and explain proper material preparation.
C. Coordinate with Village for distribution of written promotional and instructional
materials directly to Service Recipients.
d. Be available a minimum of once per year to participate in promoting the collection
service at an area fair, neighborhood association program, school, or community event.
e. Provide advice to Village on promotion and education material content and
presentation.
12. Telephone and Customer Service. Contractor shall maintain and staff a local toll -
free telephone number where complaints of Service Recipients shall be received, recorded and
handled by Contractor, between the hours of 9:00 AM and 4:30 PM Monday through Friday,
excluding Holidays. Typically, all "call backs" shall be attempted a minimum of one time prior to
6:00 p.m. on the day of the call.
13. Marketing and Disposition of Recyclable Material. Contractor shall be solely
responsible for the marketing and sale of collected Soft Recyclables, and shall be solely
responsible for the storage and disposition of the Soft Recyclables in the event it is unable to sell
the Soft Recyclables in a timely manner.
14. Insurance. During the Term of this Agreement, Contractor agrees to keep in force,
with an insurance company licensed to transact business in the state of Illinois, an "occurrence
basis" insurance policy or policies indemnifying, defending and saving harmless Village from all
damages (except for damages caused by Village's own negligence or willful misconduct) which
may be occasioned to any person, firm or corporation, whether damages are by reason of any
willful or negligent act or acts on part of Contractor, its agents or employees, with limits no less
than:
a. General Liability: One Million and no/100 Dollars ($1,000,000.00) combined
single limit per occurrence for bodily injury, personal injury, and property damage.
b. Vehicle Liability: Two Million and no/100 Dollars $2,000,000.00) combined
single limit per accident for bodily injury and property damage.
C. Worker's Compensation/Industrial Insurance: Limits as required by the State of
Illinois.
The general liability provisions in automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
(i) Village, its officers, officials, employees, and volunteers are to be covered
as insureds as respects: liability arising out of activities performed by or on behalf
of Contractor; products and completed operations of Contractor; premises owned,
occupied, or used by Contractor; or automobiles owned, leased, hired, or borrowed
by Contractor.
(ii) Contractor's insurance coverage shall be primary insurance as to Village,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by Village, its officers, officials, employees, or volunteers shall be in
excess of Contractor's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to Village, its officers, officials, employees, or volunteers.
(iv) Contractor's insurance shall apply separately or to each insured against
whom ciaim is made or suit is brought, except with respect to inc iimics of me
insurer's liability.
(v) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, nor reduced in
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coverage or in limits except after thirty (30) days' prior written notice has been
given to Village.
15. Indemnification and Bold Harmless. Except for Village's own negligence or willful
misconduct, Contractor shall save, keep and hold harmless Village, its officers, agents, employees,
and volunteers from all damages, costs, or expenses in law or equity that may at any time arise or
be set up because of damages to property or personal injury received by reason of or in the course
of performing work which may be occasioned by any willful or negligent act or omission of
Contractor, any of Contractor's employees, or any subcontractor. In the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of Contractor and Village, its members, officers, employees, and agents,
Contractor's liability hereunder shall be only to the extent of Contractor's negligence. The
provisions of this paragraph shall survive the expiration or termination of this Agreement.
16. Compliance with Law. Contractor agrees to comply with all published ordinances,
laws, rules, and regulations, together with amendments thereto, of Illinois, the United States of
America, or Village pertaining to the services to be performed hereunder.
17. Taxes. Contractor agrees to save Village harmless from any and all taxes or
assessments of any kind or nature levied by any political subdivision upon Contractor by reason
of services rendered for Soft Recyclables and disposal for Village.
18. Employee Conduct. All Contractor personnel must display appropriate identification
on their person as well as their vehicle and maintain a courteous and respectful attitude toward the
public at all times. At no time may they solicit, request or receive gratuities of any kind.
Contractor must direct its employees to avoid loud and/or profane language at all times during the
performance of duties. Any employee of Contractor who engages in misconduct or is incompetent
or negligent in the proper performance of duties or is disorderly, dishonest, intoxicated, or
discourteous must be removed from service under this contract by Contractor.
19. Monthly Reports. Contractor shall provide monthly project status reports. These
reports will be due within twenty five (25) days of the close of the month being reported. At a
minimum, the reports shall include detailed data to allow analysis of collection and processing
efficiencies including pounds of Soft Recyclables collected in the prior month and the payment of
the required fee to Village.
20. Inspections. Upon reasonable advanced request to Contractor, Village may inspect the
facilities, equipment and operations ofContractor to assure itself of the appearance and compliance
with provisions of this Agreement. Upon reasonable advance request, Village may review the
records kept on the Soft Recyclables collected under the terms of this Agreement to test and
validate the weights claimed. Village agrees to notify Contractor, in writing, at least forty-eight
(48) hours prior to any such inspection.
21. Meetings and Communications. In order to minimize misunderstanding and to
provide thereafter a forum iur discussing anti resuivi11g uiy WjuCa uidi Stay arisz, pa :.Zs agrze
to meet on a regular basis and hereby adopt communications procedures as follows:
Designation of Representatives. Each Party shall send at least one representative to each
meeting. Village shall send to each meeting at least one staff member with operational
expertise. Each Party shall designate one, and only one, representative as its Lead
Representative. If a Party sends only one representative to any meeting, that person shall
be conclusively presumed to be its Lead Representative.
22. Compliance with Laws and Regulations. Contractor agrees that, in performance of
work and services under this contract, Contractor will qualify under and comply with any and all
applicable federal, State and local laws and regulations now in effect, or hereafter enacted during
the Term, which are applicable to Contractor, its employees, agents or subcontractors, if any, with
respect to the work and services described herein.
23. Termination and Breach. In the event of a breach of the terns and conditions of this
Agreement by either Party hereunder, the non -breaching Party may elect to terminate this
Agreement by providing the defaulting Party with a written notice of such default, and allowing
the breaching Party a period of thirty (30) days from and after the date of such notice to cure the
breach complained of to the satisfaction of the non -breaching Party. In the event said breach is
not cured within the thirty (30) day period, this Agreement shall be terminated (for -cause) as of
the last day of the period.
24. Severability. Should one or more of the provisions of this Agreement be held by any
court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and
continue in full force and effect, provided that the continuation of such remaining provisions does
not materially change the original intent of this Agreement.
25. Independent Contractor Status. In the performance of services pursuant to this
Agreement, Contractor shall be an independent contractor and not an officer, agent, servant or
employee of Village. Contractor shall have exclusive control over the details of the service and
work performed and over all persons performing such service and work. Contractor shall be solely
responsible for the acts and omissions of its officers, agents, employees, Contractors and
subcontractors, if any. Neither Contractor nor its officers, agents, employees or subcontractors
shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits
which accrue to Village employees and Contractor expressly waives and claim it may have or
acquire to such benefits.
26. No Assignment. This Agreement, or any interest herein, shall not be transferred, sold,
nor assigned by either Party to any person, firm, or corporation, without the prior written consent
of the other part.
27. Definitions.
a. Commercial Customer: The term "Commercial Customer" means non-residential
customers, including businesses, public or private schools, institutions, governmental
agencies and all other users of commercial -type Garbage collection services.
b. Container: The term "Container" means a bag, supplied by Contractor for use by the
Residential Customer to set out Soft Recyclables.
c. Curb or Curbside: The words "Curb" or "Curbside" relate to the homeowners' property,
within five (5) feet of the Public Street or Private Road without blocking sidewalks,
driveways or on -street parking. If circumstances preclude, a Curbside shall be considered
a placement suitable to the resident, convenient to Contractor's equipment, and mutually
agreed to by Village and Contractor.
d. Excluded Items: The term "Excluded Items" means Garbage, Hazardous Waste, large
furniture, large appliances such as refrigerators, stoves, washers and dryers, magazines,
newspapers, carseats, cribs, mattresses, paint, tires, cleaners, etc. and any item heavierthan
fifty (50) pounds.
e. Garbage: The term "Garbage" means all putrescible and non-putrescible solid and
semi -solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, grass,
yard debris, leaves, swill, demolition and construction wastes, dead animals piles of debris,
car parts, construction or demolition debris, any item that would be considered Hazardous
Waste, or stumps.
L Hazardous Waste: The term "Hazardous Waste" means any hazardous, toxic or
dangerous waste, substance or material, or contaminant, pollutant or chemical, known or
unknown, defined or identified as such in any existing or future local, state or federal law,
statute, code, ordinance, rule, regulation, guideline, decree or order relating to human
health or the environment or environmental conditions, including but not limited to any
substance that is defined as hazardous by 40 C.F.R. Part 261 and regulated as hazardous
waste by the United States Environmental Protection Agency under Subtitle C of the
Resource Conservation and Recovery Act ("RCRA") of 1976,42 U.S.C. § 6901 et seq., as
amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation
governing the treatment, storage, handling or disposal of waste imposing special handling
or disposal requirements similar to those required by Subtitle C of RCRA or any Illinois
statute or regulation governing the treatment, storage, handling or disposal of wastes and
imposing special handling requirements similar to those required by federal law.
g. Holiday: The term "Holiday" means the following days: New Year's Day, Martin Luther
King's Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veteran's Day, Thanksgiving Day and Christmas Day, unless otherwise specified by
the Village recycling holiday schedule.
h. Residential Customer: The term "Residential Customer" means an individual or
individuals residing in a single-family home with curbside refuse/recycling service in the
Service Area.
i. Service Area: The term "Service Area" means the municipal corporate limits of Village
The Service Area will encompass all of Village's trash and recycling collection area, as it
may be amended from time to time.
j. Service Recipients: The term "Service Recipients" means individual or individuals
residing in single-family homes with curbside refuse/recycling service in the Service Area.
k. Soft Recyclable: The term "Soft Recyclable" means items of an individual weight less
than fifty (50) pounds and can be carried by one person. Soft Recyclables include primarily
mews, women's and children's clothing as well as items such as jewelry, shoes, purses,
hats, toys, pictures, mirrors, blankets, drapes and curtains, pillows, rags, sewing scraps,
sleeping bags, small furniture, small appliances, irons, radios and audio equipment, TVs
., ,7 .:,lo.. en..inm o..♦ came
ras,!amps, h�irde.�nrc tnnlc tnactrrc Mi-rnw:IVe rnfrrP
makers, computers and household or consumer electronics, silverware, dishes, pots and
pans, glasses and the like. The definition of Soft Recyclable is subject to modification in
the discretion of Contractor based upon experience gained during the term of this
Agreement and with consent of the Village.
IN
the Date o
M
EREOF, the Parties have executed and delivered this Agreement as of
written above.
OF ELKAROVE VILLAGE SIMPLE RECYCLING ILLINOIS, LLC
8
By;
Title a(