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2019-02-19 - Ordinance 2019-006 - AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A 5-YEAR AGREEMENT WITH WASTE MANAGEMENT FOR SOLID WASTE, RECYCLING AND LANDSCAPE WASTE DISPOSAL VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOISORDINANCE NO. 2019 - 006 AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A 5-YEAR AGREEMENT WITH WASTE MANAGEMENT FOR SOLID WASTE, RECYCLING AND LANDSCAPE WASTE DISPOSAL VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove ("Village") is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, in 2012, the Village entered into an agreement with Waste Management ("Contractor") for solid waste, recycling and landscape waste disposal ("Prior Agreement"), which is set to expire on May 1, 2019; and, WHEREAS, the Prior Agreement includes a provision that allows for a 5-year extension; and, WHEREAS, the Contractor and the Village have agreed to terms and conditions outlined in a new 5-year Agreement effective May 1, 2019 ("Agreement") and attached hereto as Exhibit A; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the Agreement is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Municipal Code and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant approval of the Agreement and authorize the Village Manager to execute the Agreement, subject to the review and approval of the Village Attorney. Nj Section 3. This Ordinance shall not be codified. AYES: 5 — Stein Ottenheimer Weidenfeld Johnson Smith NAYS: 1- Berman ABSENT: 0 - None PASSED: February 19, 2019. APPROVED: February 19, 2019. APPROVED: Beverly Sussm illage President ATTEST: Janet .. Sirabian, Vil;age Clerk EXHIBIT A Municipal Solid Waste, Recycling and Landscape Waste Agreement LID WASTE. RECYCLING AND This Municipal Solid Waste, Recycling and Landscape Waste Agreement (the "Agreement") is entered into on March 21, 2019 (the "Effective Date"), by and between the Village of Buffalo Grove, Illinois, a municipal corporation created under the laws of the State of Illinois ("Village"), and Waste Management of Illinois, Inc. ("Contractor"), a Delaware corporation. Recitals A. The Village desires to provide its citizens with environmentally sound solid waste collection and disposal, recyclable materials collection and landscape waste collection; B. Contractor and its affiliates have extensive experience in providing solid waste, landscape waste and recyclable materials collection, disposal and processing; and C. The Village has determined that it would be in the best interests of its citizens to contract with Contractor for the collection of its residential solid waste, recyclable materials and landscape waste according to the terms and conditions contained herein. Agreements M11:42101011► a. Acceptable Waste - shall mean all non -hazardous solid waste generated by households in the ordinary course including food wastes and discarded papers, cardboard, plastics, cloth, glass and metal materials, but excluding Excluded Waste as defined herein. Waste shall be considered "Acceptable Waste" only if properly contained in a Contractor provided Cart placed at the curbside on the proper weekly collection day, but occasional overflow of waste is permitted if properly sealed in plastic garbage bags or in rigid sided 32-gallon containers in proximity to the Cart. Each bag or container must weigh no more than 50 lbs. As used herein, the term "waste" shall mean Acceptable Waste unless the context demonstrates otherwise. Title to Acceptable Waste shall transfer to Contractor upon collection in Contractor vehicles. b. Bulk Items - shall mean larger furniture -type items such as couches, chairs, mattresses, tables and other furniture pieces including carpeting that has been cut, tied and bundled into rolls no larger than four (4) feet long and each bundle weighing no more than 50 lbs. Bulk items to not include electronic waste. C. Excluded Waste - shall mean, without limitation, any regulated quantity of a Hazardous Waste or Hazardous Substance as defined by federal, state or local laws or regulations; containerized wastes, the contents of which are not able to be identified; sludges; waste from a pollution control process or cleanup of a spill of a chemical substance or commercial product; waste tires; biohazards or regulated medical waste; friable asbestos; construction and demolition waste; soil, sod, tree branches and stumps; paint; motor oil;; or any item too large or heavy to be contained within a 96-gallon Cart; or any waste or material that is prohibited from being received, managed or disposed of at the disposal facility. Title to and liability for Excluded Waste shall remain with the resident that generated the Excluded Waste at all times. The Contractor may accept incidental quantities of construction type materials provided that it does not exceed one cubic yard, it is properly bundled or contained in the provided cart, and that one person can safely load the materials into the collection vehicle. d. Landscape Waste - shall mean leaves, grass, shrubbery clippings, and similar garden waste. This material must be placed at the curb in biodegradable Kraft paper bags, or rigid sided containers. Containers cannot exceed 32-gallons and bag bags or containers must not weigh more than 50 lbs. Twigs and branches can be bundled in four foot long by two foot diameter bundles, tied and left at the curb for pick-up. Branches must be less than three inches in diameter. e. Recyclables or Recyclable Materials - are defined in Exhibit A. Title to Recyclable Materials shall transfer to Contractor upon collection in Contractor vehicles. f. Residential Unit - shall mean all single-family residential units, 2-family residential units, attached and detached town homes, coach homes, and duplexes, collectively Single Family Unit. It shall also include all multifamily residential dwellings whether classified as apartments, condominiums, orresidential units that are combined with commercial and/or industrial units, collectively Multifamily Unit. g. Senior Rate - Residents 65 and older must show proof of age to the Village to receive senior discount. h. System Waste - shall mean all Acceptable Waste that the Village has contractually agreed will be disposed of in a Solid Waste Agency of Northern Cook County ("SWANCC") facility. i. White Goods - shall mean white goods as defined by the Illinois Environmental Protection Act, 415 ILCS 5/22.28, as amended or in rules promulgated thereunder. II. TERM The initial term of this Agreement shall be for five (5) years commencing on May 1, 2019, and ending on April 30, 2024. Agreement may be extended for an additional five (5) years upon the mutual agreement of Contractor and Village. At the end of any term the Village of Buffalo Grove reserves the right to extend this agreement for a period of up to one hundred and eighty (180) days for the purpose of securing a new agreement provided; however, that Contractor may increase rates by the combined average CPIU Chicago All Other for the last three years or six percent (6%), whichever is less, immediately prior to the commencement of the 180 day extension period. III. SERVICES a. Contractor shall furnish the labor, equipment, licenses, permits, and other requirements necessary to provide Acceptable Waste Recyclable Material and Landscape Waste collection to all Residents of the Village, which currently consists of an estimated 14,900 Residential Units (the "Service"). As part of the Service, Contractor shall: i. Standard of Performance. The Contractor shall undertake to perform all disposal services rendered hereunder in a neat, orderly and efficient manner, and to use care and diligence. ii. Cart Sup2ply. Each Single Family Residential Unit has already been provided a 95-gallon Cart for Acceptable Waste and a separate 65-gallon Cart for Recyclable Materials. Residential Units may change cart sizes (35, 65, 95 Gallon)free of charge from May 1 through May 31 during each year of the Agreement. Contractor will charge Residential Units the fee as set forth on Exhibit C for replacing the cart with a different size cart if the option is not exercised between May 1 through May 31 each year. The replacement carts may be refurbished and not necessarily brand new, in either case replacement carts must be clean. New Residential Units will be provided a 35, 65, or 95-gallon Cart for Acceptable Waste and a separate 35 or 65-gallon Cart for Recyclable Materials as Units are added to the Village. The Carts and equipment Contractor furnishes Residents and the Village shall remain Contractor's property. iii. Additional Carts. Each Residential Unit shall have the option to rent an additional cart for Acceptable Waste and/or Recyclable Materials for the fee as set forth on Exhibit C. iv. Acceptable Waste Collection Frequency. Days and Times. Acceptable Waste shall be collected from the curbside once per week from each Residential Unit on a weekday or weekdays to be agreed by Contractor and Village unless a second weekly service is requested by the customer. Collections shall occur during ordinary hours but in no instance earlier than 6:00 a.m. All Acceptable Waste must be placed at the curb for collection no later than 6:00 a.m. on scheduled day of collection. V. Recyclable Materials Collection Frequency. Days and Times. Contractor shall provide recycling collection services once per week from each Residential Units on a weekday or 2 weekdays to be agreed by Contractor and Village. Collections shall occur during ordinary hours, but in no instance earlier than 6:00 a.m. All Recyclables Materials must be placed at the curb for collection no later than 6:00 a.m. on scheduled day of collection. The Village and Residential Units shall ensure that only materials acceptable in accordance with Exhibit A are placed in the recycling containers. Contractor reserves the right to refuse recycling services where the materials are not properly segregated from waste or other non -recyclable material. vi. Landscape Waste Collection Frequency. Days and Times. Contractor shall provide landscape waste collection services to Residential Units on a weekly basis beginning on April 1st of each year and concluding on December 15th of each year. All Landscape Waste must be placed at the curb for collection no later than 6:00 a.m. on scheduled day for collection. Residential Units must place Landscape Waste out on collection day in biodegradable Kraft paper bags or containers. The containers cannot exceed 32-gallons in size and 50 lbs. vii. Christmas Tree Collection. Residents may set out two (2) Christmas tree per Residential Unit to be collected on the designated collection day during the first two weeks of January each year. Christmas trees must be clean (e.g., no ornaments, lights or tinsel), unbagged and under 6 feet in length (or cut into 2 pieces, each under 6 feet in length, if tree is greater than 6 feet tall). viii. At Your Door Special CollectionsM program. Contractor shall provide for the collection of electronics and household hazardous waste with the At Your Door Special CollectionsM program (AYD) to all Residential Units in accordance with Exhibit B if elected by the Village. The Village shall have the right to discontinue the AYD program, after April 30, 2022) by providing the Contractor with at least sixty (60) days' written notice. The Parties agree that this right to discontinue applies solely to the AYD program; not to any other services described in this Agreement. The service fee per Residential Unit shall be adjusted as set forth on Exhibit C. At the request of the Village, Contractor shall provide the Village with an accounting of how many Residential Units have participated in the AYD service for any period of time. ix. Exclusions from the Service. Notwithstanding anything to the contrary herein, the Service shall not include white goods collection, construction or demolition waste collection. Services to commercial establishments are not covered by this Agreement. X. Disposal. Contractor shall transport for processing all System Waste collected pursuant to this Agreement to SWANCC's Glenview Transfer Station. System Waste shall not be commingled with any non -system or private waste or with waste from outside the boundaries of the Village unless authorized by the Village Manager. Non -system waste, defined as Recyclables, Landscape Waste and Bulk Items, including White Goods, shall be transported to a facility or facilities licensed and permitted under all applicable local, state and federal laws and regulations. xi. Holiday Schedule. The following shall be designated holidays on which the Service shall not be provided: New Year's Day, , Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the succeeding Friday, Christmas Eve, Christmas Day. If a designated holiday falls on a regularly scheduled Service day, the Service will be performed on the next weekday xii. Cart Replacement. Contractor shall replace at no charge to the Village or the individual Residential Unit any Cart that becomes damaged or destroyed during the provision of the Service, or that becomes unusable because of ordinary wear and tear. However, if a Cart in the possession of a Residential Unit is lost, stolen, damaged, or destroyed through no fault of Contractor, the occupant of the Residential Unit shall be responsible to compensate Contractor the fair market value for the replacement of such Cart. The Residential Unit shall be billed separately for such replacement cost. 3 b. Bulk Items. Contractor shall collect up to one (1) bulk item per week per Residential Unit at no additional cost. Residential Units will be responsible to contact Contractor and make arrangements for collection of additional Bulk Items on an individual basis. C. White Goods. Contractor shall collect White Goods for the fee as set forth on Exhibit C per item. Residential Units must contact Contractor to make arrangements for collection of all White Goods and pay in advance for the service. d. Special Pick Up and Optional Service. All of the Acceptable Waste not heretofore provided for may be collected and disposed of at an additional rate agreed upon separately between Contractor and Residential Units. e. Compliance with Laws. The Services shall be performed in accordance with all applicable statutes, laws, rules, regulations and ordinances. Specifically, Contractor and Village warrant and affirm that they shall comply with all laws and regulations applicable to public contracts. f. Personnel and Equipment. The Service shall be performed by properly trained andlicensed personnel in adequate numbers and with adequate vehicles and equipment to complete the Service in a safe and timely manner. g. Employees and Conduct. The Contractor shall prohibit any drinking of alcoholic beverages or the use of any controlled substances, except by doctor's prescription, by its drivers and crew members while on duty or in the course of performing their duties required under the terms of this Contract. In the event that any of the Contractor's employees is deemed by the Village to be unfit or unsuitable to perform the services required under the terms of this proposal as a result of intoxication, drug use, incompetence, or by virtue of abusive or obnoxious behavior; then, upon request of the Village, the Contractor shall remove such employee from work within the Village and replace him/her with a suitable and competent employee. Contractor shall provide courteous personnel on its collection crews and courteous and knowledgeable personnel in its customer serviceand billing/payment functions. h. Vehicles. All vehicles shall be maintained in good working order and appearance. No vehicle shall be operated on the Village streets that leaks any fluids from the engine or compacting mechanism. All vehicles shall display the name of the Contractor, and a vehicle identification number that is clearly visible on both sides of thevehicle. i. Sip ll& Contractor shall be responsible for cleaning any fluids, municipal waste, landscape waste or recyclables that leak or otherwise spill from any vehicle. In the event the Village cleans any fluids, waste or recyclables that leak or otherwise spill from any vehicle, the Contractor shall be responsible for reimbursing the Village for any and all costs associated with the clean-up. j. Complaints and Missed Pick -Ups. All complaints as to Contractor's provision of the Service, including alleged missed pick-ups, shall be given prompt and courteous attention. Contractor shall attempt to resolve all complaints promptly, and shall cure all missed pick-ups that are not the result of force majeure events within one (1) weekday, conditions permitting. The Village and Contractor shall establish a mutually agreed to Customer Service Plan which shall include but not be limited to performance metrics for management and service of customer service calls and Contractor contacts with the public. The Contractor shall maintain an office and telephone service, with either a local exchange or a toll -free number, for the receipt of service calls or complaints, and shall be available for such calls on all working days from 7:00 a.m. to 5:30 p.m. Calls made after the time period noted shall be answered by an answering service which records all calls. When requested, the Contractor shall report to the Village the status of service calls or complaints and shall maintain a daily log of such calls or complaints received, which record shall be open to the Village for inspection at any reasonable time. A monthly report of service calls or complaints shall be provided to the Village by the Contractor. k. Anti -Discrimination. In performing the Service, Contractor shall not discriminate against any person on the basis of race, religion, sex, national origin, political affiliation, or physical and mental disability. 1. Exclusive. The Village grants the exclusive right to perform the Services set forth in this Agreement. The Village agrees that it will not allow anyone other than Contractor to lease carts to 4 residents or engage in the collection of residential waste or recyclables within the Village IV. MUNICIPAL LOCATIONS AND SPECIAL EVENTS Contractor shall provide the Village with the following services at no additional charge: a. Village Requested Clean Ups - Contractor shall conduct curbside clean ups for activities including but not limited to illegally dumped refuse, code violations, foreclosures and emergencies as determined by the Village, The Contractor will determine the appropriate method and time for the clean ups so long as said waste is non -hazardous and is within the scope of this Agreement at no additional cost to the Village. b. Public BuildingJAreas Collection - Contractor shall be required to collect Acceptable Waste and Recyclable Materials via commercial containers, provided by the Contractor, once per week at no cost from the following locations: i. Arboretum Golf Course, 401 Half Day Road ii. Arboretum Maintenance Building, 451 Half Day Road iii. Buffalo Grove Golf Club, 48 Raupp Boulevard iv. Buffalo Grove Maintenance Shop, 454 Old Checker Road V. Buffalo Grove Metra Station, 825 Commerce Court vi. Fire Station #25, 505 W. Dundee Road vii. Fire Station #26, 109 Deerfield Parkway viii. Fire Station #27, 100 Half Day Road ix. Police Department, 46 Raupp Boulevard X. Public Works, 51 Raupp Boulevard xi. Village Hall, 50 Raupp Boulevard C. Special Events - the Contractor shall provide roll -offs and carts to the Village each year for special community events including but not limited to the following: i. Buffalo Grove Days - fifty (50) 96-gallon wheeled carts for garbage, twelve (12) 8-yard containers for trash, two thousand (2,000) plastic toter bags for garbage, fifty (50) 96- gallon recycling carts, one thousand five hundred (1,500) recycling bags, and two (2) 20-yard containers. 8-yard containers are to be emptied every morning of the event no later than 7:30 a.m. ii. A Fine Arts Festival or similar event iii. National Night Out iv. July 4th Fireworks V. Farmers Market/Environmental Fair d. Roll Off Services - the Contractor shall provide 20-yard or 40-yard roll offs as available by the Contractor to the Village at no additional charge. The Village must provide the Contractor with at least 48 hours' notice for placement of these containers. V. FEES AND PAYMENTS a. Service Fee per Residential Unit. The fees to be paid by each Residential Unit to Contractor for all services provided in this Agreement for the period of May 1, 2019 through April 30, 2024, are listed on Exhibit C. In addition, Contractor shall add to its charges the applicable SWANCC fee, as adopted by the Village that will be collected by the Contractor and paid to the Village. b. Invoices and Payment. Contractor will perform the billing and collection of fees from each Residential Unit within the Village. Contractor will individually invoice each Residential Unit within the Village on a quarterly basis in advance for the services to be provided herein. Payments shall be due within thirty (30) days of billing. The maximum interest permitted by law shall be applied to balances due and unpaid after more than fifteen (15) days beyond the due date. C. Payment of SWANCC Fees. The Contractor shall, on a monthly basis, pay to the Village an amount equal to the monthly SWANCC fees it has collected as a result of its last monthly invoices. 5 d. Changes in Law. Notwithstanding anything to the contrary in this Agreement, Contractor may modify the rates to account for any increase in costs due to uncontrollable circumstances, including, without limitation, changes to local, state or federal laws or regulations, disposal or processing costs, third party transportation costs, imposition of taxes, fees or surcharges, municipal franchise fee increases and acts of God such as floods, fires, etc. Contractor shall provide a minimum 120 day notice prior to changes in the costs. VI. EDUCATIONAL PROGRAMS Contractor will develop and distribute a service brochure to residential customers in a manner acceptable to the Village. The brochure will detail the services provided to the residents through Contractor. Whenever there is a change in the service or programs provided, including permanent changes in regularly scheduled collection times, a service brochure shall be issued. The brochure shall include a toll -free telephone number of the Contractor to be used for customer complaints as required herein. VII. COMMUNITY SUPPORT By May 1, 2019 and annually by May 1 thereafter during the term of the Agreement, Contractor shall provide to the Village a community support donation in the amount of $20,000.00 to be used for environmental beneficial purposes as selected by the Village. Payments to the Village may be made in quarterly installments. VIII. DEFAULT AND TERMINATION The failure of either Party to perform a material obligation under this Agreement shall be considered a breach of this Agreement, and the breaching Party shall be in default. In the event of default, the non -defaulting Party shall give written notice of the default, and the defaulting Party shall have: (i) ten (10) days from the receipt of the notice to cure any failure to pay money under this Agreement, or (ii) thirty (30) days from the receipt of the notice to cure any other defaultunder this Agreement. If the defaulting Party fails to cure the breach within the allotted time, the non - defaulting Party may, at its option, immediately terminate the Agreement. In the event of a default, the defaulting Party agrees to pay all damages caused by said default, to include, without limitation reasonable attorneys' fees and costs associated with enforcement of this Agreement. IX. FORCE MAJEURE Contractor's performance of the Service may be suspended and its obligations hereunder excused during the pendency of a cause or causes beyond its reasonable control, such as by way of example and not limitation: acts of war, public enemy, civil disturbance, riot or disorder; epidemic or pandemic; acts of God such as landslide, lightning, earthquake, fire, storm, the impending approach of a storm, or flood; explosion; restraining orders, interference by civil or military authorities, strike, statute, ordinance, government order or ruling; or other similar causes. In the event of an occurrence of a force majeure event, Contractor shall notify the Village immediately, in writing, describing the particulars of the circumstances preventing performance of the Service and its expected duration. Notice shall be provided after the effect of such occurrence has ceased. X. INDEMNIFICATION a. Contractor agrees to indemnify, defend, and hold the Village harmless from and against all claims and actions, suits, debts, damages, liabilities, fines, fees and costs whatsoever, including but not limited to attorneys' fees and costs of defense, based upon or arising out of the breach of this Agreement, and based upon or arising out of any injuries (including death) to persons, or damage to property or violation of any law or regulation, to the extent caused in whole or in part by the acts or omissions of Contractor, or any of its directors, officers, employees, agents, or subcontractors, in the 6 performance of this Agreement. b. Notwithstanding any provisions to the contrary, Contractor shall not be responsible for any damage to pavement or curbing that is the result of ordinary wear and tear during the performance of the Service. C. The indemnification obligations of this section shall survive the termination or expiration of this Agreement for any reason. d. No elected or appointed official, agent or employee of the Village shall be personally liable to Contractor as a result of execution of this Agreement. XI. INSURANCE Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-contributory additional insured coverage shall be confirmed through the following required policy endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 ii. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." iii. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. iv. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at, on or migrating beyond the contracted work site. Coverage shall be extended to provide coverage for incidents occurring during transportation of pollutants. b. Minimum Limits of Insurance: Contractor shall maintain limits no less than: i. Commercial General Liability: $5,000,000 combined single limit per occurrence for bodily injury and property damage and $5,000,000 for personal and advertising injury. The general aggregate shall be twice the required occurrence limit or shall apply per project. Minimum General Aggregate shall be no less than $3,000,000 ii. Business Automobile Liability: $5,000,000 combined single limit per accident for bodily injury and property damage. iii. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $500,000 per accident. iv. Environmental Impairment/Pollution Liability: $2,000,000 combined single limit per incident for bodily injury, property damage and remediation costs V. Umbrella or excess liability coverage of $10,000,000 per occurrence and in aggregate. C. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions shall be for the account of the Contractor and paid entirely by Contractor without contribution from the Village. d. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages: The Village, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials, agents, employees and volunteers, as additional insureds. With regard to the services provided by Contractor under this agreement, the Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the Village, its officials, employees, agents and volunteers as additional insureds All general liability coverages shall be provided on an occurrence policy form. Claims -made general liability policies will not be accepted. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding e. All Coverages: No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance requirements of this Contract by any act or omission, including, but not limited to: i. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of Insurance and Additional Insured Endorsements. ii. Failure to examine, or to demand correction of any deficiency, of any Certificate of Insurance and Additional Insured Endorsement received. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Contractor shall comply with the reporting provisions of each policy so that coverage afforded to the Village is not affected. 3 f. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. g. Verification of Annual Coverage Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Village before any work commences. h. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. i. Assumption of Liability The Contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. j. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials, employees, agents and volunteers for losses arising from work performed by Contractor for the municipality. XII. PERFORMANCE BOND Contractor shall provide the Village with a performance bond in the amount of Five Hundred Thousand Dollars ($500,000.00) which shall be maintained in full force and effect throughout the term of this Agreement and any extensions thereof. XIII. MISCELLANEOUS PROVISIONS a. Independent Contractor. Contractor shall perform the Service as an independent contractor. Contractor, its officers, employees, agents, contractors or subcontractors, are not and shall not be considered employees, agents or servants of the Village for any purpose whatsoever under this Agreement or otherwise. Contractor at all times shall have exclusive control of the performance of the Service. Nothing in this Agreement shall be construed to give the Village any right or duty to supervise or control Contractor, its officers, employees, agents, contractors, or subcontractors, nor to determine the manner in which Contractor shall perform its obligations under the Agreement. b. Amendments. No amendment to this Agreement shall be made except upon the written consent of both Parties. 9 C. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter and supersedes any prior and contemporaneous agreements and understandings, express or implied. d. Waiver. A waiver by either Party of any breach of any provision hereof shall not be taken or held to be a waiver of any subsequent breach, whether similar or dissimilar, or as a waiver of any provision itself. No payment or acceptance of compensation for any period subsequent to any breach shall be deemed a waiver of any right or acceptance of defective performance. e. Severance. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, or unenforceable, the balance of this Agreement shall remain in effect and binding on the Parties. f. Choice of Law. This Agreement shall be governed by the laws of the state where the services are being performed, without regard to choice of law rules. g. Assignment. Neither Party may assign its rights and obligations under this Agreement without the prior written consent of the other Party. h. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Contract falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal holiday. i. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute awaiver by the Village of any right, privilege or defense available to the Village under statutory or common law, including, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. j. Freedom of Information. To the extent the Illinois Freedom of Information Act (ILCS 140/1 et seq.) ("FOIA") applies to Contractor, Contractor agrees to comply with FOIA. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions, cause of action, disputes, prosecutions, or conflicts arising from Contractor's violation of the applicable provisions of FOIA. k. Notice. All notices required or permitted under this Agreement shall be in writing and shall be personally delivered, sent by certified mail, return receipt requested, or by overnight courier, with copies to counsel for the respective Parties as set forth below: To Village: Village Manager Dane Bragg 50 Raupp Blvd. Buffalo Grove, IL 60089 dbragg@vbg.org cc: brobinson@vbg.org cc: pbrankin@vbg.org cc:cstilling@vbg.org To Contractor: Waste Management of Illinois, Inc. Attn: Public Sector Director 700 E. Butterfield, 4th Floor Lombard, IL 60148 10 1. Natural Disaster Clean -Up. Contractor shall provide special collections for severe storm damage and/or after a natural disaster such as a tornado, flood, etc. Contractor shall collect any Acceptable Waste, Bulk Items and Landscape Waste that may have accumulated from the severe weather or natural disaster. If the circumstances require that those items be collected more frequently, then the regular service intervals, it shall be Contractors responsibility to accommodate this need and the Village shall pay the costs associated with this service as set forth in Exhibit C. m. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument IN WITNESS THEREOF, the parties have executed this Municipal Solid Waste, Recycling and Landscape Waste Agreement as of the Effective Date indicated above. Waste Management of Illinois, Inc. Village of Buffajo Grove Signature: Signature: Printed Name: Printed Name: DaneBragg Title: Title: Village Manager 11 1. Natural Disaster Clean -Up. Contractor shall provide special collections for severe storm damage and/or after a natural disaster such as a tornado, flood, etc. Contractor shall collect any Acceptable Waste, Bulk Items and Landscape Waste that may have accumulated from the severe weather or natural disaster. If the circumstances require that those items be collected more frequently, then the regular service intervals, it shall be Contractors responsibility to accommodate this need and the Village shall pay the costs associated with this service as set forth in Exhibit C. m. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument IN WITNESS THEREOF, the parties have executed this Municipal Solid Waste, Recycling and Landscape Waste Agreement as of the Effective Date indicated above. Waste Manageme Lof Illi}fois, Inc./7 Village of Buffalo Grove Signature: _ _ X Signature: Printed Name: A-e, , - H ",& y- ` , Printed Name: Dane Title: /¢ram ,/JireGa4sr J h1lC. .fit[Jw: Title: Village Man Exhibit A Single Stream Recycling The list of items below represents the current materials currently being accepted by WM as Recyclables. This list may expand or contract due to market conditions. Aluminum cans - emptyemp!y Newspaper PET bottles with the symbol #1- with screw tops only - Mail empty HDPE plastic bottles with the symbol #2 (milk, water Uncoated paperboard (ex. cereal boxes; food and snack boxes) bottles detergent, and shampoo bottles, etc.) - empty Steel and tin cans:: em rt Uncoated printin x„ writinEand office Phone books Old corrugated containers/cardboard uncoated Magazines, glossy inserts and :amlihlets _ Plastic containers with symbols #347 - empty (no Glass food and beverage containers - brown, clear, or green - empty expanded polystyrene), empty Aseptic containers Fartons NON-RECYCLABLES include, but are not limited to the following: Plastic bags and bagged materials (even if Microwavable trays containing Recyclables) Mirrors Window or auto glass Light bulbs Coated cardboard Porcelain and ceramics Plastics unnumbered Expanded polystyrene Coat hangers Glass and metal cookware bakeware Household appliances and electronics, Hoses, cords, wires Yard waste, construction debris, and wood Flexible plastic or film packaging and multi- Needles, syringes, IV bags or other medical supplies laminated materials Food waste and liquids, containers containing such Textiles, cloth, or any fabric (bedding, pillows, sheets, etc.) items Excluded Materials or containers which contained Napkins, paper towels, tissue, paper plates, paper cups, and plastic Excluded Materials utensils Any Recyclable materials or pieces of Recyclables less Propane tanks, batteries than 4" in size in any dimension. Shredded paper okay if in paper bag Additional Specifications a. All glass containers must be empty. b. All tin cans, bi-metal cans, and aluminum cans must be empty. c. All plastic containers must be empty. d. All Fiber must be dry and free of food debris and other contaminating material. e. Tissues, paper towels or other paper that has been in contact with food is not acceptable. Recyclables may contain up to 10% Unacceptable Materials, provided however, Recyclables may not: a. Materially impair the strength or the durability of the WM's structures or equipment; b. Create flammable or explosive conditions in WM's facilities; c. Contain any type of batteries; d. Contain chemical or other properties which are deleterious or capable of causing material damage to any part of WM's property, its personnel or the public; or, e. Contain Excluded Waste as defined in the Agreement. 12 III. WM and the Village shall develop and implement an education and awareness program so that the Village's residents are forewarned about the "tag and educate' program and so that the Village's residents receive information on how to properly recycle. If WM determines, with the consent of the Village, that a recycling cart "tag and educate" program is necessary, then WM and the Village shall determine the specifics of how the program will be implemented. Key program elements to agree on are: 1) what procedures will be followed when a cart is determined to be contaminated, and 2) what are the ultimate steps to be taken for customers who continue to contaminate the cart WM's cost for the education and awareness program shall be capped at $500.00 annually. In return for WM's responsibility for the costs of the program, the Village shall require that WM prepare and distribute a brochure to its residents only once during the next five years, beginning in 2019, unless significant program changes are made during the next five year period. IV. If loads of the mixed recyclables materials do not meet WM's specifications for acceptable recyclables or are otherwise not properly segregated from the waste, WM shall have the right to reject the load in whole or in part. Similarly, WM is not obligated to collect, remove or process the contents of a recycling cart when Non-Recyclables are present in the recycling cart in a manner consistent with this Exhibit A. Under no circumstances shall WM be able to charge residents an additional fee for not properly segregating recyclables V. With the prior written consent of the Village , WM may discontinue acceptance of any category of recyclable materials as a result of market conditions related to such materials. If such mutual agreement is reached by the Village and WM to discontinue acceptance of a recyclable material WM shall provide written notice to the residents. Such consent will not be unreasonably withheld. 13 Exhibit B At Your Door Service Statement of Work The program begins when the public is informed about how to participate. Following are the elements of the At Your Door Special Collection service and how it works. Participant Initiates Collection To participate, participants call our toll free number 1-800-449-7857, e-mail ATYOURDOOR@WM.COM or go to www.WMATYOURDOOR.COM and request a collection at their home. A Operations Service Specialist from our U.S. based operations center answers the call or online request. The participant is asked for basic information: name, address, phone number, how they learned of the program, single or multi -family home and an general indication of the types and quantities of home generated special materials they want collected. The At Your Door Specialist discusses the program guidelines with the participant, including the placement of the material on collection day. The operations support center is available from 5 am- 5pm Pacific Time, Monday through Friday. Both English and Spanish speaking representatives are available. An automated call system is available after hours and on holidays. Collection Is Scheduled The participant is provided with a date when they must place their material at the entrance door or in front of their garage or if multi -family (only if multi -family are included in the agreement), in a safe location. That predetermined location is noted by the Operations Support Specialist for use by the Service Technician. The frequency of collection routes will vary depending upon demand. When programs first start and during seasonal peaks such as spring and fall cleaning times, there is usually a higher demand resulting in longer periods between the call and the collection. Packaging A collection kit will be sent via U.S. mail (or other method) to the participant, who will package the materials and place it out on the designated collection date. The kit consists of a plastic bag, bag tie, survey card, labels (for use as needed by participant) and an instruction sheet. The instruction sheet reiterates the collection date and items discussed with the Operations Support Center Specialist. Participants collect their items and place them inside the kit bag per the instruction sheet. Should the Operations Support Center Specialist determine (during the initial contact) that the participant requires more than one bag, the participant will, depending upon the schedule, be offered the opportunity to have all items collected at the same time. In the event the schedule is too heavily booked at the time of the request, the participant will be offered alternative days for collection of their materials. After a participant receives their kit, they may contact our program again if they have more items than will fit inside the kit bags supplied. The Operations Support Specialist will provide the participant with two options. The first option is to keep the collection date as scheduled for the single kit. Then, a second collection date will be scheduled and a second kit will be mailed to the participant. The second option is to cancel the first collection date and mail the participant another collection kit. Then schedule the collection at a later date when all of the materials can be collected at the same time. Participants will be discouraged from requesting a collection of very small quantities, i.e., a single can of paint or only used motor oil. Participants with only used motor oil may be directed to local collection centers. Participants with very small quantities will be directed to combine their items with neighbors, if possible. All containers must be labeled and they cannot leak. If a container leaks, participants are instructed to transfer it to a non -leaking container and label it. If a container is not labeled, participants are provided labels to place on the container. Additional instructions may apply based on applicable regulations. Leaking containers or containers without labels will not be collected. 14 Collection On the established pickup date, a Service Technician will arrive at the home during the day, inspect the material for eligible items, and package the eligible material based upon hazard classification. All materials must be placed outside of the home. Waste Management employees will not enter the premises to gather or remove any material. For single family homes, participants are directed to place their eligible home generated special materials near the front door area or garage area, but never on public property, at the curb, street or alleyway. In the event the materials are ineligible, e.g., unlabeled, leaking, commercial material, or listed on the unacceptable list, the participant will be contacted and/or a door hanger will be left with instructions. Participants are not required to be present during the collection. Transport Acceptable materials are transported to a transfer facility and then sent to various recycling and processing facilities. Once the items are collected, Service Technicians work to responsibly manage it and recycle as much as possible. Emphasis is placed on recycling, then treatment, followed by incineration, then secure landfills. Safety At Waste Management, safety is a core value, a cornerstone of operational excellence. It is a philosophy that is embedded in the way we work, the decisions we make, and the actions we take. With thousands of trucks on the road every day, we recognize the responsibility to hold ourselves to the highest standards to protect our customers, our employees and our communities. Waste Management's goal is to maintain our world -class safety record. The program has been designed with safety in mind. Each aspect of this program has been reviewed for potential health and safety implications. This includes the materials we do not accept and the reason on why we cannot pick up unknown items and leaking containers. Eligible Items In general, most ordinary household chemicals and many electronics are eligible for collection. Only items originating from households are eligible, no business materials are allowed. Console TV's and similar consumer electronics, in limited amounts, are eligible unless they originate from a business. This list is not all-inclusive and may vary depending on state and local regulations. We reserve the right to modify the list. The quantity of material that can be collected at any one time is limited to the items that can be placed inside the kit bag along with designated items that may be placed outside the bag. Materials that can be placed outside the kit bag include: • Up to 1 television, 4 vehicle batteries, 5 fluorescent tubes and/or compact florescent lamps (CFL) • One computer system consisting of one each: CPU/tower, laptop, monitor, keyboard, mouse, and desktop printer • Up to 25 pounds of electronics with circuit boards such, as a CD ROM, VCR, DVD/CD/tape player, cell phone, MP3 player, desktop scanner, fax machine, microwave and related cords. • Exceptions to the quantities above must be approved by the Operations Support Center in order to insure that sufficient space is available on the truck to accommodate all scheduled stops on 15 that date. Garden Chemicals ➢ Insect sprays/Insecticides ➢ Weed killers ➢ Other poisons, rat poison ➢ Fertilizer ➢ Herbicides ➢ Pesticides Swimming Pool Chemicals ➢ Pool acid ➢ Chlorine: tablets, liquid ➢ Stabilizer Automotive Material ➢ Motor oil ➢ Antifreeze ➢ Waxes/Polishes ➢ Cleaners ➢ Brake fluid ➢ Used oil filters ➢ Transmission fluid ➢ Windshield washer fluid ➢ Hydraulic fluid ➢ Vehicle batteries ➢ Gasoline and Diesel fuel (must be placed in containers designed and sold for the containment and transportation of fuel. 10 gal. max.) Flammable & Combustible Materials ➢ Kerosene ➢ Solvent Misc. Household ➢ Household batteries ➢ Florescent tubes/ Compact fluorescent bulbs ➢ High intensity lamps ➢ Hobby glue ➢ Driveway sealer (max. 5 gal.) Mercury Containing Devices ➢ Thermostats ➢ Thermometers ➢ Switches ➢ Related cords Paint Products ➢ Oil based paint ➢ Latex paint ➢ Stripper and thinner ➢ Caulking ➢ Wood preservative and stain ➢ Sealer ➢ Spray paint ➢ Artist paint Household Cleaners ➢ Ammonia ➢ Floor stripper ➢ Drain cleaner ➢ Floor cleaner ➢ Tile/shower cleaner ➢ Carpet/upholstery cleaner ➢ Rust remover ➢ Naval jelly Sharps (must be placed into a rigid, sealed, puncture resistant container) ➢ Needles ➢ Lancets Electronics with Circuit Boards ➢ Televisions ➢ Computer monitors ➢ CPU/computer tower ➢ Laptop compute ➢ Tablet computer ➢ Keyboard ➢ Mouse ➢ Fax machine ➢ Desktop printer/scanner ➢ CD ROM ➢ DVD/CD/tape player ➢ VCR ➢ Cell phone ➢ MP3 player, iPod ➢ Microwave oven 16 Ineligible Materials Commercial material, material from businesses, and unusually large quantities of the same material are not eligible for this program. List is not all-inclusive and will vary depending on state and local regulations. We reserve the right to modify the list. ➢ Biological Waste ➢ Liquid mercury/Elemental mercury and broken ➢ Ammunition and Explosives items that contain mercury ➢ Appliances ➢ Materials improperly packaged for transportation ➢ Asbestos ➢ Materials in leaking containers ➢ Commercial chemicals ➢ Medicines/pharmaceuticals ➢ Construction related materials ➢ Radioactive materials, including smoke detectors ➢ Containers over 5 gallons ➢ Tires ➢ Fire Extinguishers ➢ Trash, Including bulky Items (example: washers, dryers, ➢ Food Waste and cooking oil and refrigerators) ➢ Gas cylinders/pressurized cylinders ➢ Unknown or unlabeled materials ➢ Items that are not hazardous The At Your Door program reserves the right to refuse collection of additional items not listed here. The At Your Door service reserves the right to refuse acceptance of any items it deems excluded, a hazard or out of the scope of the program, which is designed for the collection of home generated special materials. Participant Surveys A postage -paid card addressed to the sponsoring agency program manager will be included in the kit sent to participants. The card lists several questions and is considered a "report card" mailed directly to the public agency's designee. In an effort to continually improve our service, we request copies of survey cards or consolidated reports (prepared by the community program manager) be sent to Shannon Pollacchi, At Your Door Special Collectionsm Marketing Manager at hpollacc(@wm.com. Reports Items collected are entered into our proprietary database management system (AYDNet) by our Service Technicians. This data assists with monitoring the program. You may request a report that provides a summary of the materials collected, then provide that to the public agency. Your customer can track the contents of the waste streams that are collected. Additional data can be provided in Microsoft Excel. 17 Exhibit C- Pricing Monthly fee per residential unit for unlimited solid waste, recycling and $16.25 $16.25 $17.25 $17.25 $17.25 landscape collection with cart Monthly fee per residential unit for unlimited solid waste, recycling with $15.15 $15.15 $16.1S $16.15 $16.15 cart and landscape collection without cart W drt-F'aly I.InIf Monthly fee per residential unit for unlimited solid waste collection in a $8.30 $8.30 $8.85 $8.85 $8.85 central container Monthly fee per residential unit for unlimited recycling in a central $2.00 $2.00 $2.10 $2.10 $2.10 container At Your Door Service monthly fee per $1 40 L $1.40 I $140 $1.40 � $1.40 �...... residential unit Additional refuse service per week per $4 75 $4.75 $5.04 $5.04 $5.04 residential unit Additional solid waste or recycling cart ''. $2.50 $2.50 $2.50 $2.50 er residential unit Senior discount (65 or older) 10% 10% 10% 10% 10% residential unit N ':White. Dods collection Eer item $40.00 $40.00 $40.00 $40.00 $40.00 Bulk items 1 item per week is 1 item per week is 1 Item per week is 1 Item per week is i item per week is free plus $25.00 for free plus $25.00 for free plus $25.00 for free plus $25.00 for free plus $25.00 for each additional item each additional item each additional Item each additional item each additional item $10.86/cubic yard $30.86/cubic yard $11.51/cubic yard $11.51/cubic yard $11.51/cubic yard Fall leaf assistance plus $145 hour plus 145 hour I plus 145 hour I plus 145 hour glus$145 hour $58/ton plus $58/ton plus $58/ton plus $S8/ton plus $S8/ton plus Emergency Collection $145/hour $145 tfour $145/hour $145/hour $145 hour Additonalcart change outfee $35.00 $35.00 1 $35.00 $35.00 $35.00 Alternate Pricing without At Your Door Service should the Village discontinue the AYD Service tin I ^ mi&.Unil May 1, 2019 May 1, 2020 May 1, 2021 May 1, 2022 May 1, 2073 Monthly fee per residential unit for unlimited solid waste, recycling and $16.60 $16.60 $17.60 $17.60 $17.60 landscape collection with cart L er residential unit for d waste, recycling withcape collection without$15.50 $15.50 $16.50 $16.50 $16.50 Monthly fee per residential unit for unlimited solid waste collection in a $8.50 $8.S0 $9.05 $9.05 $9.05 central container Monthly fee per residential unit for unlimited recycling in a central $2.10 $2.10 $2.25 $2.25 $2.25 'All prices do not include the monthly Solid Waste Agency of Northern Cook County (SWANCC) fees 18