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1990-09RESOLUTION NO. 90- 9 • 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 • • 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) • 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) • 0 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) 0 o 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) • • 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)