1990-09RESOLUTION NO. 90- 9
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A RESOLUTION ADOPTING AN AMENDED RESIDENTIAL SCAVENGER SERVICE
CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND
BUFFALO GROVE /WHEELING DISPOSAL COMPANY
WHEREAS, the Village of Buffalo Grove and Buffalo Grove /Wheeling
Disposal Company currently are parties to a residential scavenger service
agreement ( "Contract ") dated July 21, 1986, for the provision of residential
scavenger services within the Village of Buffalo Grove; and
WHEREAS, certain amendments to the Contract will be necessary to
implement various service changes in the overall scavenger service program,
and
WHEREAS, for consistency all changes proposed not only for this proposed
extension but from prior annual extensions should be incorporated into one
revised complete contract.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
SECTION 1. The attached residential scavenger service agreement, dated
March 19, 1990, between the Village of Buffalo Grove and Buffalo
Grove /Wheeling Disposal Company be adopted.
SECTION 2. The Village President and Village Clerk are hereby
authorized to execute the Contract amendments on behalf of the Village.
SECTION 3. This Resolution shall be in full force and effect from and
after its passage in the manner provided by law as of May 1, 1990.
Approval by Buffalo Grove /Wheeling Disposal Company and Waste Management
of Illinois, Inc. will be required to implement the changes to the
Contract in order to implement the recycling service program.
AYES: 6 - Marienthal. Glover, Reid, Shifrin, Mathias, O'Malley
NAYES: 0 - None
ABSENT: 0 - None
PASSED: March 19 , 1990. APPROVED: March 19 , 1990.
V3'1_ lage President
ATTEST:
Villag lerk
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RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND
BUFFALO GROVE /WHEELING DISPOSAL COMPANY
This Contract made and entered into the 19th day of March, 1990 by and
between Buffalo Grove /Wheeling Disposal Company, a division of Waste
Management of Illinois, Inc., hereinafter referred to as the "Contractor,"
and the Village of Buffalo Grove, an Illinois Municipal Corporation,
hereinafter referred to as the "Village ".
Now, therefore, in consideration of the promises and covenents herein
contained:
ARTICLE I
CONTRACTOR'S DUTIES
1.0 Duties. The Contractor agrees to furnish all labor, materials, and
equipment for the removal of refuse as defined in Section 8.20.010 of the
Village of Buffalo Grove Municipal Code from all single- family, attached
single- family, duplex, and townhouse dwelling units in the Village. _
1.1 Materials Collected. The materials to be collected.in regular,
scheduled pickups shall include the following:
A. All kitchen wastes including cans, bottles, plastic
containers, household food, accumulations of animal food and vegetable matter
attendant 6n the preparation, use, cooking, and serving of foods.
B. General household trash and refuse, including cold ashes,
broken down empty cartons, boxes, wrapping materials, newspapers and maga-
zines, when securely and neatly bound in convenient size bundles, cloth
materials, empty cans, discarded toys, discarded clothing, and similar
materials.
C. Recyclable materials such as aluminum and tin cans, bottles
and glass, plastic containters approved for recycling disposal, and
newspapers, all within the service parameters of any Village- sponsored
recycling program.
D. Yard materials, including bagged grass clippings, weeds,
Christmas trees, brush and brush clippings, and branches and branch clippings
when securely bound in bundles not exceeding four (4) feet in length; and not
exceeding seventy (70) pounds in weight each hereinafter sometimes referred
to as c`ompostables.
E. Discarded furniture, fixtures, household appliances, swing
sets, and other large and bulky items as hereinafter defined in Section 1.2,
Paragraph C.
(1)
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F. Materials to be collected will not include trees, earth, sod,
rocks, concrete and refuse from the remodeling or construction of serviced
dwelling units.
1.2. Method of Collection The method of collection and disposal of items
covered by this Contract shall be as follows:
A. The Regular Semi - Weekly Service. Through June 30, 1990, the
Contractor will furnish a regular scheduled semi- weekly collection service
for each single - family, attached single- family, duplex, and townhouse dwell-
ing unit in the Village.
Beginning July 1, 1990, the Contractor will furnish a regular
semi - weekly scheduled collection service for each single - family, attached
single - family, duplex, and townhouse dwelling unit in the Village in the
following manner:
1. From July 1, 1990 through November 30, 1990 and from
April 1 through November 30 of any calendar year there-
after, materials mentioned in Section 1.1, Paragraphs
A, B, and E will be picked up together on the same pickup
day. Those materials mentioned in Section 1.1, Paragraph C
and D will be picked up together on a different pick -up
day.
2. From December 1, 1990 through March 31, 1991 and from
December l through the following March 31 of any calendar
years thereafter, materials mentioned in Section 1.1,
Paragraphs A & B will be picked up together on the same
pickup day; materials mentioned in Section 1.1, Paragraphs
C & E will be picked up together on a different pickup day.
The Village reserves the right to direct the Contractor to
collect Section 1.1, Paragraph D materials during this
period.
Collection service through June 30, 1990 and beginning July 1, 1990
shall be in accordance with a schedule to be submitted and approved by the
Village Manager using equipment as is prescribed in this Section (Section
1.2, Paragraph E). All materials to be collected in the regular semi - weekly
service shall be placed in acceptable disposal or composting material con-
tainers except for such items as are too bulky to fit in said containers. An
acceptable container for purposes of this Contract shall be as prescribed in
Chapter 8.20, and any amendments thereof, to the Village of Buffalo Grove
Municipal Code. In order to assure an orderly collection of all refuse and
waste in the Village, the Contractor shall establish a holiday pickup
schedule as part of the schedule to be submitted for approval.
Items such as toys, broken down empty cartons, crates,
newspapers and magazines, smaller items of furniture, and other items
suitable for collection by packer type equipment shall be bound as required
and stacked neatly alongside the containers.
B. Disposal Quantities. Through June 30, 1990, from December 1,
1990 through March 31, 1991, and from December 1 thourgh March 31 of any
calendar years thereafter, there shall be no more than ten (10) bags or
containers per regular semi - weekly pickup which the resident can use to
dispose of the items to be collected, and the Contractor shall collect from
all ten (10) bags or containers which are placed for collection. Bags or
containers shall not exceed seventy (70) pounds in weight each.
(2)
Beginning July 1, 1990 through November 31, 1990, and from
April 1 through November 30 of any calendar year thereafter, there shall be
no more than ten (10) bags or containers for collection on the first pickup .
of the week which the resident can use to dispose of the items to be
collected, and no more than one (1) recycling container per residence to
dispose of the defined recycling materials and no more than ten (10)
bags /bundles of compostables for collection on the second pickup of the week
for the items to be collected, and Contractor shall collect bags, bundles, or
containers which are placed for collection within the foregoing limits.
Bags, containers and bundles shall not exceed seventy (70) pounds in weight
each. However, the bag /bundle limit shall be suspended for the months of
October and November.
C. Bulk Pickup Service. The Contractor will furnish a bulk pickup
service as a part of its regular pickup service to collect and dispose of all
discarded materials and trash which are too large and bulky to be handled by
packer -type equipment. This bulk pickup service will include bulky items
such as refrigerators, stoves, washing machines, dryers, hot water heaters,
freezers, pianos, beds, box springs and mattresses, sofas, overstuffed
furniture, or appliances, furnishings and fixtures. Said items shall be
placed at the curb by the resident on his bulk pick up day (either the first
or second pickup of the week determined by the period of disposal) for
collection, provided a call has been made to the Contractor by the resident
notifying the Contractor of the bulk pickup. Said collection shall be made
without additional charge for bulk items up to one cubic yard. An additional
charge to residents will be made on the basis of $5.00 per cubic yard on bulk
items in excess of one cubic yard and $7.50 per appliance to be collected
from or billed directly to the resident by the Contractor. One appliance or
one cubic � *Ard of extras per week is free of any additional charges.
D. Private Disposal Service. The Contractor will provide con-
tractual service to the residents for all types of refuse material without
limitation, including earth, sod, rocks, concrete, rubble and refuse from
remodeling, construction and demolition of buildings, excavations and other
materials, except for poisonous or toxic materials and large quantities of
liquid requiring tank truck disposal equipment.
In this class of service, Contractor agrees to keep available for
this service tractor loaders, trailers and other equipment as any be neces-
sary for the providing of this service to residents of the Village. On
request, the Contractor will furnish estimates for the cost of removal of any
materials for this private removal service.
Anything to the contrary notwithstanding, Contractor shall not be
required to enter private homes for the purpose of removing heavy items.
E. Equipment to be Used by Contractor. The Contractor agrees to
collect all materials collected during all regular service in fully enclosed
leak -proof modern packer -type trucks. For the collection of recyclable
materials, the Contractor shall use trucks specifically designed for this
type of service. Composting- materials shall be collected in packer -type
trucks for delivery only to the approved composting site(s).
Equipment used for special pickup service may be open body trucks,
dump trucks, and similar type equipment. When open body trucks are used, the
Contractor will use care to see that no litter or scattering of refuse
materials occurs.
(3)
F. Disposal of Garbage and Refuse. The Contractor will transport
all materials other than recyclable and composting materials collected for
disposal hereunder, outside of the corporate limits of the Village and agrees
to dispose of and deposit same in a sanitary landfill or an incinerator and
to do so in accordance with the laws of the State of Illinois, any United
States governmental agencies, and as directed by the corporate authorities of
the Village. Recycling materials will be transported to sites as approved by
the Village Manager. Composting materials will be transported to approved
sites outside of the corporate limits of the Village in accordance with the
terms of an approved program.
The Village reserves the right now and in the future to claim title
to any and all of the garbage and waste stream that is generated within the
Village for the purpose of direction of such garbage and waste to any and all
regional or sub - regional disposal sites as directed by the corporate author-
ities of the Village.
1.3 No Duty on Contractor to Collect Commercial or Industrial Refuse
Under This Contract. The Contractor shall not be required under the terms of
this Contract to collect any refuse from any commercial and industrial estab-
lishment, nor any structure which does not contain residential single - family,
attached single-family,-duplex, and townhouse dwelling units. The Contractor
may, at his option, contract with firms, individuals, or agencies for refuse
collection service outside the scope of this Contract, subject to any regu-
lations governing private scavengers generally, and providing such operation
shall not interfere with the satisfactory carrying out of the work under
this Contract.
1.4 Insurance and Indemnification. The Contractor agrees to carry
insurance and provide indemnification for the Village as follows:
A. Workman's Compensation. The Contractor shall carry in a
company authorized under the laws of the State of Illinois, a policy to
protect himself against any and all liability under the Worker's Compensation
& Occupation Diseases Statutes of the State of Illinois.
B. Automobile Liability. The Contractor shall carry in his own
name a policy under a comprehensive form to insure the entire motor vehicle
liability for his operations with limits of not less than $500,000 per
individual and $1,000,000 per accident bodily injury liability. Also, a
minimum $250,000 for each accident for property damage liability.
C. General Liability. The Contractor shall carry in his own name
a comprehensive liability coverage program for his operations other than
motor vehicle, with limits of at least $500,000 each person and $500,000 each
accident bodily injury liability. Also, a minimum $250,000 each accident for
property damage liability.
All of the above levels of coverage are considered as minimum and
prudent business practices should dictate what levels are appropriate. For
both Automobile Liability and General coverage, the policies shall name the
Village as an additional insured. Certificates of insurance must be filed
with the Village Clerk on an annual basis as evidence of coverage. Said
(4)
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insurance policies shall not be cancellable without thirty (30) days prior
written notice to the Village:
D. Hold Harmless and Indemnification. The Contractor does hereby
hold harmless and indemnify, and shall defend the Village and its employees,
officials, and agents against any and all claims, losses, injury, damages,
suits, demands, actions and causes of actions, expenses, fees and costs that
may be the result from the execution of this Contract. Included would be any
operations by sub - contractors and actions or omissions of employees or agents
of Contractor or his sub-contractors-
1.5 Performance Bond Required. The Contractor shall furnish a perfor-
mance bond for the faithful performance of this Contract, said bond to be
executed by a responsible surety company and to be in the penal sum equal to
one -sixth (1/6) the estimated amount of the estimated Contract fees for the
first year of a Contract, and for each year thereafter to be in the penal sum
of one -sixth (1/6) the revenue earned by the Contractor for the preceding
service year under a Contract granted. Said performance bond shall be
furnished annually by the Contractor for each year of a service Contract, and
shall indemnify the Village against any loss resulting from any failure of
performance by the Contractor. The revised bond must be posted by May 1st of
each service year.
1.6 Provision for Telephone Calls. The Contractor shall maintain an
office and telephone, for the receipt of service, billing, and complaint
calls,and shall be available for such calls on all working days from 7:30
A.M.to 5:00 P.M. Any complaints must be given prompt and courteous atten-
tion, and in case of missed scheduled collections, the Contractor shall
investigate; and if verified, shall arrange for pickup of said refuse within
twenty -four (24) hours after the complaint is received.
1.7 Care and Performance. The Contractor shall undertake to perform
all disposal services rendered hereunder in a neat, orderly, and efficient
manner, to use care and diligence in the performance of all specified ser-
vices, and to provide neat, orderly and courteous employees and personnel on
its crews.
1.8 Employees Not to Drink. The Contractor does hereby agree to
prohibit any drinking of alcoholic beverages and /or consumption of illegal
drugs by its drivers and crew members while on duty or in the course of
performing their duties under this Contract.
1.9 Refuse Collection Data. The Contractor shall provide to the Village,
at least quarterly, a report on the quantity of all refuse, as defined,
collected within the Village. The report shall contain a detailed breakdown
of the types of materials collected and shall be further detailed by the
class of origin of the material collected. Reporting content shall be
approved by the Village Manager and will be used by the Village in its
planning efforts relative to -solid waste management.
(5)
ARTICLE II
COMPENSATION
2.0 Compensation. The Contractor shall charge for any and all services
and labor hereinabove stated for the regular semi - weekly collection and
disposal of household refuse and waste and compostable materials (beginning
July 1, 1990), the sum of $11.45 per month per single - family and duplex
residential dwelling unit, and the sum of $10.90 per month per attached
single - family and townhouse dwelling unit. The rate shall be effective on
May 1, 1990, and will be effective through April 30, 1991. Contractor shall
adjust his rates effective at the beginning of each Contract year, that year
beginning each May 1st during the term of this Contract.
In addition to the above basic rate for regular semi - weekly
collection and disposal of household refuse, waste, and compostable materials
the Contractor shall charge an additional $1.00 per month to all classes of
residential dwellings served under this Contract for the costs of the
Village -wide recycling service program; beginning July 1, 1990, the
additional charge shall be $1.95 per month. All net revenue earned from the
sale of recyclables shall be remitted to the Village at least monthly, along
with a detailed accounting of all revenue collected less expenses incurred
for the processing of recyclables. The Village reserves the right to
identify and choose reasonable alternative competitive markets for the
processing of recycled materials. All net revenues collected shall be
deposited in the Village's Corporate Fund for use as directed by the
Village's corporate authority. If at some point an end market is created for
compostable materials, the Village reserves the right to participate in the
revenue generated from such marketing of this material.
The additional charges for recyclable material collection shall not
be included in the base rate for refuse service when determining annual
adjustments to compensation under the provisions of Section 2.1 of this
Contract. The charges for the pickup of recyclable materials will remain
constant throughout the term of this Contract. Fee adjustments will be
subject to terms and conditions mutually agreeable to both parties should
this Contract be extended beyond the term noted in Article IV.
2.1 Adjustment to Compensation Resulting from Changes.in CONTRACTOR'S
COSTS. The Contractor shall be permitted to adjust the monthly service rates
effective each service year subject to the provisions of Section 2.0
hereinabove based on changes in certain cost components of Contractor's
business from the beginning of the calendar year that precedes a Contract
year (Yl) to the beginning of the calendar year that includes the beginning
of the calendar year that includes the beginning of the Contract year (Y2).
The components will include the Contractor's wage, health, cost of living,
welfare, and pension benefits paid to its union employees directly employed
in the performance of a Contract, and the cost for the disposal of refuse and
waste at the Contractor's landfill site(s). The increase factor will be
based on a combined weighted percentage change in these two cost components
during the appropriate calendar year, beginning to ending, and shall have a
weight value of .50 and .50 respectively, of any change, be it an increase or
decrease.
(6)
The formula for calculating such a percentage for each service Contract
year can be stated as follows:
Rate Change Factor = Labor Rate (Y2) - Labor Rate
(Y1)(.50) + Disposal Cost (Y2) -
Disposal Cost (Yl) /Disposal Cost
(Yl)(.50)
The Rate Change Factor will be applied to the base rate then in effect.
The Contractor shall notify the Village at least sixty (60) days prior to the
effective date of any rate increase as to the increase along with the method-
ology and supporting contracts and expense detail to support any change. In
no case, will the percentage increase developed under the Rate Change Factor
equation above exceed the percentage increase in the Chicago Consumer Price
Index developed by the United States Department of Commerce for the calendar
year used to develop such Rate Change Factor. The Contractor must submit to
the Village cost data relative to these rate components on a quarterly basis
in detail form disclosing costs and rates paid and to whom for such compo-
nents. The Village reserves the right to have incorporated the lowest unit
costs into the Rate Change Factor equation.
2.2 Billing of Accounts. The Contractor will perform the billing and
collection of fees owed it from serviced dwelling units. The Village agrees
to cooperate and assist the Contractor in any means permissible to insure
that the collection of all funds owed for service performed, either on a
current or delinquent basis can be undertaken and receipt assured. If deemed
necessary, the Village will modify any of its regulatory ordinances regarding
health, welfare, and safety to insure that the Village residents adhere to
this Contract and the services provided hereunder. The Village further
agrees to cooperate to provide the Contractor with assistance regarding
move -in, move -outs, or any other notification that will assist in the
execution of this Contract.
2.3 Houses of Worship. Contractor shall pickup all houses of worship
within the Village free of charge.
2.4 Municipal Service. Contractor agrees to pickup the Village Hall,
Village Fire Department, Village Golf Courses, and Village Public Works
Department, Village Police Station, and Park District buildings free of
charge, within reasonable quantities, unless there is the need to provide for
special hauling services, which will be on a quoted fee basis. This service
will include not only materials noted in Section 1.1 but from time to time
materials noted in Section 1.2, Paragraphs C & D. Proper notice shall be
given to Contractor in this regard by the Village.
2.5 Collection Alternatives. Village agrees to work with the Contractor
in supporting and promoting within the Village a recycling and composting
service program. Both the Contractor and Village will work together to
develop and monitor any such programs that are adopted by the mutual consent
of both parties to this Contract. Should any such recycling or composting
programs (if permitted by statute as to composting) prove to be unfeasible or
unsuccessful, by further mutual consent of both parties to this Contract,
they may be abandoned, either individually or in total.
(7)
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2.6 Alternative Schedules. The Village may, at its option, request of
the Contractor service modifications not specifically stated in this Contract
in Section 1.2, Paragraph A. Service modifications could include, but not be
limited to, once a week pickup on a seasonal basis. The Contractor will
cooperate fully with the Village to properly determine the cost of these
services and receive agreement from the Village prior to any formal change in
service provided under a final, revised service Contract.
2.7 Refuse Collection Surcharge. The Village may, at its option, request
that the Contractor further adjust the charge for the collection and disposal
of household refuse, waste and compostable materials as stated in this
Contract in Section 2.0, for the purpose of recovering certain identified
Village costs due the Solid Waste Agency of Northern Cook County during the
interim financing and planning period for that Agency. It is the intent of
the Village to remove this surcharge, if any, once the permanent financing
for construction and capitalized operating expenses of the Agency's balefill
project is completed. However, the Village reserves the right to retain this
surcharge should the Agency's balefill project fail to be completed and
funding to retire the Village's interim contractual commitments be necessary.
ARTICLE III
FAILURE TO PERFORM
PROVISIONS RELATING TO NON- ASSIGNABILITY
3.0 Failure to Perform. It is further mutually agreed that in the
event the Contractor shall wholly fail to collect and dispose of the waste
and garbagt'and all other materials required herein for any one week, the
Village may then proceed with such work and recover any and all reasonable
costs from the performance bond hereinabove specified as to be furnished by
the Contractor.
3.1 Non - Assignment of Contract. The Contractor shall not have the
right or option to assign this Contract or any part thereof without the
prior written consent of the Village to said assignment. Approval for such
assignment will be made by the President and Board of Trustees of the
Village. Not withstanding the foregoing to the contrary, the merger of
Contractor with and into a direct or indirect wholly owned subsidiary of
Waste Management, Inc. shall not constitute an assignment of this Contract.
ARTTCT.R TV
TERM OF CONTRACT
The initial term of this Contract shall commence on May 1, 1990, and end
on April 30, 1991, unless said Contract is terminated at an earlier date by
the Village for reasons of non - performance or violation of the terms of this
Contract by the Contractor. -The Village shall have the option to extend or
renew this Contract for two (2) additional one -year (1) extensions upon terms
mutually acceptable to both parties upon notifying the Contractor in
(8)
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writing of its intention to do so no later than ninety (90) days prior to
April 30, 1991 and April 30, 1992. Contractor shall not bill for refuse
services beyond the termination date of this Contract or any extension
hereof.
Any and all reasonable cooperation will exist between the Village and
Contractor to permit a stable transition of any service changes under this
Contract.
ARTICLE V
OBEDIENCE TO LAWS
The Contractor hereby covenants and agrees to comply at all times with
applicable federal, state, and Village laws, ordinances, and regulations at
any time applicable to the Contractor's operations under this Contract with
no increase to the Contractor's compensation as set forth in this Contract.
Contractor shall obtain, at his own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect.
IN WITNESS WHEREOF, the Contractor, Buffalo Grove /Wheeling Disposal
Company, a division of Waste Management of Illinois, Inc., has caused this
agreement to be signed, by their respective corporate officers, as noted, and
the Village of Buffalo Grove, an Illinois Municipal Corporation, pursuant to
authority of the President and Board of Trustees directing the execution of
this Contract, has caused these presents to be signed by the President and
attested by the Village Clerk, all on the day and year first above written.
(9)
ATTEST:
Its: '0.' ups, o a Cc�7�
ATTEST:
Its: L EjL
ATTEST:
Villa" Clerk
0 04
BUFFALO GROVE /WHEELING DISPOSAL COMPANY
It
WASTE MANAGEMENT OF ILLINOIS, INC.
VILLAGE OF BUFFALO GROVE
Village President
(10)