1995-14I
V .-
RESOLUTION NO. 95- 14
A RESOLUTION AUTHORI2ING THE EXECUTION OF A RESIDENTIAL SCAVENGER SERVICE
CONTRACT BETWEEN THE VILLAGE OF BUFFALO GROVE AND WASTE MANAGEMENT -
NORTHWEST A DIVISION OF WASTE MANAGEMENT OF ILLINOIS INC
WHEREAS, the Village of Buffalo Grove has determined that it is in the best
interests of the Village to contract with Waste Management- Northwest, a division
of Waste Management of Illinois, Inc. to provide exclusive residential scavenger
services within the Village of Buffalo Grove; and
WHEREAS, the President and Board of Trustees authorized the current
residential scavenger service contract with Waste Management- Northwest (Buffalo
Grove /Wheeling Disposal) on March 16, 1992; and
WHEREAS, that contract expires as of April 30, 1995 and is now proposed for
renewal in order to accommodate changes in various service parameters relative
to the participation of the Village in the Solid Waste Agency of Northern Cook
County (SWANCC) along with other changes necessary within the service 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 Village President and Village Clerk be and they are hereby
authorized to execute a contract regarding residential scavenger service
dated February 21, 1995, between the Village of Buffalo Grove and Waste
Management- Northwest, a division of Waste Management of Illinois, Inc.
Copy of said contract is attached and made a part hereof.
SECTION 2. This Resolution shall be in full force and effect from and
after its passage and approval in the manner provided by law as of May 1,
1995.
AYES: 6 - Marienthal. Reid, Rubin, Braiman. Hendricks. Moons
NAYES: 0 - None
ABSENT: 0 -None
PASSED: February 21 ,1995.
APPROVED: February 21 ,1995.
ATTEST:
Village Clerk
age GP-r-e s
r •
RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN
THE VILLAGE OF BUFFALO GROVE AND WASTE MANAGEMENT- NORTHWEST
A DIVISION OF WASTE MANAGEMENT OF ILLINOIS, INC.
This contract made and entered into the 21st day of February, 1995 by and
between Waste Management- Northwest, 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 covenants hereinafter
contained:
ARTICLE I
CONTRACTOR'S DUTIES
1.0 Duties. The Contractor agrees to furnish all labor, materials, and
equipment for the removal of all garbage and refuse as defined in Section
8.20.010 of the Village of Buffalo Grove Municipal Code from all residential
dwelling units in the Village. Residential dwelling units will include, but will
not be limited to, single - family, attached single - family, duplex, townhouse
(generally served with curb -side pickup) and multi - family (generally served from
central point pickup) dwelling units in the Village.
1.1 Materials Collected. The materials to be collected as part of the
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 that is
attendant to the preparation, use, cooking and serving of food.
B. General household garbage and refuse, including cold ashes, broken down
empty cartons, boxes, wrapping materials, newspapers and magazines, cloth
materials, discarded toys and clothing and other similar materials.
C. Recyclable materials includes, but is not limited to, aluminum, tin,
steel and bi -metal cans, clear, green and brown glass bottles and jars, plastic
containers and material approved for recycling disposal, newspapers and
magazines, and any and all other materials within the service parameters of any
Village- sponsored recycling program that the Village and Contractor agree to
recycle in the future.
D. Yard materials, including, but not limited to, bagged grass clippings
and leaves, weeds, Christmas trees, brush and brush clippings, and branch 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 referred
to as compostables.
E. Discarded furniture, fixtures, household appliances, and other large and
bulky items as hereinafter defined in Section 1.2, Paragraph C.
F. Materials to be collected will not include certain unacceptable waste
trees, earth, sod, rocks and boulders, concrete and construction debris.
Additionally, hazardous, non - hazardous special, friable asbestos, potentially
infectious medical, lead -acid batteries, liquid, and industrial type wastes shall
not be collected from dwelling units served under this Contract.
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: The Contractor will furnish a regular
semi - weekly scheduled collection service for each single - family dwelling unit in
-a
the Village in the following manner:
1. From April 1st through November 30th of any calendar year or portion
thereof, 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, Paragraphs C and D will be picked up
together on a different pickup day.
2. From December 1st through March 31st of any calendar year or portion
thereof, materials mentioned in Section 1.1, Paragraphs A & B will
be picked up together on the same pickup day. Those 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 should seasonal conditions warrant.
3. From April 1st through November 30th of any calendar year or portion
thereof, materials mentioned in Section 1.1, Paragraphs A & B will
be picked up together on the same pickup day. This service will be
for those residents in dwelling units served on a voluntary
subscription basis. Materials mentioned in Section 1.1, Paragraphs
C & D will be picked up together on a different pickup day.
Materials mentioned in Section 1.1, Paragraph E will be picked up on
a different pickup day.
For each attached single - family, duplex and townhouse dwelling units in the
Village with curb side service, collection service will be twice - weekly for all
garbage and refuse with recyclable material collected once weekly.
Collection service shall be in accordance with a schedule to be submitted
and approved by the Village Manager using equipment as is prescribed in this
Article, (Section 1.2, Paragraph E). All materials to be collected in the
regular semi- weekly service shall be placed in acceptable disposal, recycling or
composting materials containers except for such items that are too bulky to fit
into said containers. An acceptable container for purposes of this Contract
shall be a prescribed in Chapter 8.20, and any amendments thereto, of the Village
of Buffalo Grove Municipal Code. In order to assure an orderly collection of all
garbage and refuse in the Village, the Contractor shall establish a holiday
pickup schedule as part of the schedule to be submitted of approval.
Items such as toys, broken down empty cartons, crates, smaller items of
furniture, and other items suitable for collection by packer -type equipment shall
be bound as required and stacked neatly alongside containers.
From each multi - family residential dwelling sturcture, collection schedules
will be developed between Contractor and dwelling management. Collection service
in any case will not be at a frequency of less that once per week. All materials
to be collected from these dwellings shall be placed in acceptable disposal,
recycling or composting materials containers as prescribed in Chapter 8.20 and
any amendments thereto, of the Village of Buffalo Grove Municipal Code deemed
appropriate for central point pickup collection.
B. Disposal Ouantities: From December 1st through March 31st of any
calendar year or portion thereof, there shall be no more than ten (10) bags or
containers per regular semi - weekly pickup which the resident can use to dispose
of items to be collected and no more than two (2) recycling containers per
residence to dispose of the designated recycling materials 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.
From April 1st through November 30th of any calendar year or portion
thereof, 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 two (2) recycling containers per residence
to dispose of the designated recycling materials and no more than ten (10) bags
or bundles of compostables for collection on the second pickup of the week for
the items to be collected, and 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. However, the bag or bundle limitation
shall be suspended for the months of October and November.
From April 1st through November 30th of any calendar year or portion
thereof for those residents served on a voluntary subscription basis, there shall
be no more than ten (10) bags or containers for the regular semi - weekly pickup
which the resident can use to dispose of the items to be collected and no more
than two (2) recycling containers per residence to dispose of the designated
recycling materials and no more than ten (10) bags or bundles of compostables for
collection on the second pickup of the week for the items to be collected, and
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. However, the bag or bundle limitation shall be suspended for the
months of October and November.
As to compostables, the Contractor shall not be required to collect
containers that exceed the weight limit, that contain items other than
compostables, or that are not accepted at the compost site(s) used by the
Contractor.
C. Bulk Pickup Service: The Contractor will furnish a bulk pickup service
as 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 will include bulky items such as pianos, beds, box
springs and mattresses, sofas, overstuffed furniture, furnishings, fixtures, and
"white goods" which include such items as stoves, ovens, washing machines,
dryers, air conditioners, freezers, refrigerators, dehumidifiers, water
softeners, water heaters, microwave ovens, trash compactors, and dishwashers.
Said items shall be placed at the curb by the residents on their bulk pickup 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, with the
exception of "white goods ". An additional charge to residents will be made on
the basis of $10.00 per cubic yard on bulk items in excess of one cubic yard and
an amount of not to exceed $30.00 per "white good" item to be collected from and
billed directly to the resident by the Contractor. If the resident can find a
source of disposal other than the Contractor, they shall be permitted to
negotiate such disposal. Disposal options would include negotiation with any
other licensed haulers in the Village.
D. Private Disposal Service: The Contractor will provide contractual
service to the residents for all types of refuse material without limitation,
including earth, sod, rocks and boulders, concrete, rubble and refuse from
remodeling, construction and demolition of buildings, excavations and other
materials, except poisonous or toxic materials and large quantities of liquid
requiring tank truck disposal equipment for which the Contractor shall not be
required to collect.
In this class of service, the Contractor agrees to keep available for this
service tractor loaders, trailers and other equipment as may be necessary 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, the 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. Equipment intended for transfer of materials
collected to the Solid Waste Agency of Northern Cook County (SWANCC) Wheeling
Township Transfer Station shall be registered and operated in compliance with
rules and regulations adopted and amended from time to time by SWANCC. For the
collection of recyclable materials, the Contractor shall use trucks specifically
designed for this type of service. Composting materials shall be collected in
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packer -type trucks for delivery only to the approved composing 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.
F. Disposal of Garbage and Refuse: The Contractor will transport all
materials collected for disposal hereunder, outside of the corporate limits of
the Village and agrees to dispose of and deposit same at the Wheeling Township
Transfer Station of SWANCC, other non- SWANCC transfer station, sanitary landfill
or incinerator and to do so in accordance with the laws of the State of Illinois,
any United States governmental agency, or other intergovernmental agency as
directed by the corporate authorities of the Village. Recycling materials will
be transported to sites approved by the Village. Composting materials will be
transported to approved sites in accordance with the terms of an approved
program. "White goods" will be transported to approved sites for disposal in
accordance with applicable laws. Any garbage and refuse disposed of at the
Wheeling Township Transfer Station of SWANCC shall not be commingled with any
other waste that will not be accepted at that facility.
The Village reserves the right now and in the future to claim title to any
and all of the garbage and refuse stream, other than Private Service waste that
is generated within the Village for the purpose of directing such garbage and
refuse to any and all regional or sub - regional sites as directed by the corporate
authorities of the Village. Title shall remain with the Village until such
garbage and refuse is accepted either at a sanitary landfill or at the Wheeling
Township Transfer Station of SWANCC.
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 or industrial establishment,
nor any structure which does not contain single - family, attached single - family,
duplex, townhouse and multi - family residential dwelling units. The Contractor
may, at their option, contract with firms, individuals, or agencies for refuse
collection service outside of the scope of this Contract, subject to any
regulations governing private scavengers generally, and providing such operations
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
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of this Contract hereunder by the
Contractor, their agents, representative, employees or sub - contractors and
provide indemnification for the Village as follows:
A. Worker's Compensation. The Contractor shall carry with a company
authorized under the laws of the State of Illinois, a policy in the required
statutory amount, to protect itself 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 its name a policy
under a comprehensive form to insure the entire motor vehicle liability for it's
operations with limits of not less than $1,000,000 combined single limit per
accident for bodily injury and property damage liability.
C. General Liability. The Contractor shall carry in its own name a
comprehensive liability coverage program for its operations other than motor
vehicle, with limits of at least $1,000,000 combined singel limit per occurrence
for bodily injury, personal injury and property damage. The general aggregate
sahll be twice the required occurrence limit. Minimum General Aggregate shall
be no less than $2,000,000.
All of the above levels of coverage are considered as a minimum and prudent
4
business practices should dictate what levels are appropriate. For both
Automobile Liability and General Liability 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 said coverages. Said
insurance policies shall not be cancelable without thirty (30) days prior
written notice to the Village.
D. Hold Harmless and Indemnification. The Contractor hereby agrees to 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
of the negligence of the Contractor in its performance of this Contract.
Included would be any operations by sub - contractors and actions or omissions of
employees or agents of the Contractor or its sub - contractors. The Contractor
shall, at its own expense, appear, defend and pay all charges of attorneys and
all costs and other expenses arising therefrom or incurred in connection
therewith, and if any judgement shall be rendered against the Village in any
action, the Contractor shall, at its own expense, satisfy and discharge same.
1.5 Performance Bond Required. The Contractor shall furnish a performance
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)
of the amount of the actual Contract fee revenue earned by the contractor for the
preceding service year under a Contract granted or extended. 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, which could include failure to collect
and remit any and all fees due the Village which would be charged as a component
of Compensation as part of its financial obligations to any regional or sub -
regional transfer station or disposal site. The Contractor expressly
understands and agrees that any performance bond other insurance protection
required under this Contract, or otherwise provided by the Contractor, shall in
no way limit the responsibility to indemnify, keep and save harmless and defend
the Village as herein provided.
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 attention, and in the 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 hereinunder in a neat, orderly, and efficient manner,
to use care and diligence in the performance of all specified services, 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 the Village, at
least quarterly, with a report on the quantity of all garbage and refuse, as
defined, that is collected within the Village while performing the duties under
this Contract. The report shall contain a detailed breakdown of the types of
materials collected and where disposed of 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 and
administrative efforts relative to solid waste management.
ARTICLE II
COMPENSATION
2.0 Compensation. The Contractor shall charge for any and all services
hereinabove stated for the regular semi - weekly collection and transportation of
general household garbage and refuse and compostable materials, the maximum sum
of $7.55 /month per single - family, duplex, attached single - family and townhouse
dwelling unit and the maximum sum of $4.75 /month per multi - family dwelling unit.
The rate shall be effective on May 1, 1995 and will be effective through April
30, 1996. 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 collection and disposal rates for regular semi-
weekly service, an additional $3.75 /month will be charged to those dwelling units
receiving service for the costs of service detailed in Section 2.5 of this
Contract.
In addition to the above basic rates for regular semi - weekly collection and
disposal of general household garbage and refuse and compostable materials, the
Contractor shall charge an additional $4.25 /month to all classes of residential
dwellings served under this Contract choosing the voluntary subscription service.
This rate shall be in effect for the months of April through November in any
Contract year.
In addition to the above basic rates for regular semi - weekly collection and
disposal of general household garbage and refuse and compostable materials, the
Contractor shall charge an additional $2.50 /month to all classes of residential
dwellings served under this Contract (other than multi - family residential) for
the costs of the Village -wide recycling service program, which includes the
purchase and replacement of disposal bins along with the procurement of one
additional bin per residential dwelling unit. All net revenue earned from the
sale of recyclables shall be retained by the Contractor. A detailed accounting
of the recycling program, including rates and proceeds from the sale of recycled
materials, along with expenses incurred for the processing of recyclables, shall
be rendered to the Village monthly. The goal of this Contract is to expand the
recycling program. In order to reach this goal during the course of this
Contract, the Village retains the right to negotiate with the Contractor, at
least on an annual basis, the types of products collected in the recycling
program. The Village also reserves the right to identify and choose reasonable
alternative competitive markets for the processing of recycled materials. If at
some point an end market is created for compostable materials, the Village will
reserve the right to participate in the revenue generated from such marketing of
this material.
Contractor shall adjust their rates for both the regular semi - weekly
collection and voluntary subscription service collection programs effective at
the beginning of each Contract year, that year beginning each May 1st during 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
V.
2.1 Adjustment to Compensation. Contractor's compensation may be adjusted,
effective each subsequent service year, subject to request and justification by
the Contractor and approval of the Village. The Contractor shall notify the
Village at least ninety (90) days prior to the effective date of any rate change
as to the proposed adjustment in Compensation along with the methodology and
supporting contracts and expense detail to support any such request.
2.2 Billina of Accounts. The Contractor will perform the billing and
collection of fees, rates and charges imposed by and owed to both Contractor and
Village, which includes any Refuse Collection Surcharges imposed per Section 2.5
of this Contract from serviced dwelling units on a quarterly basis in advance of
services provided on behalf of the Village. All rates and fees collected by the
Contractor on behalf of the Village shall be accounted for separately and shall
be held by the Contractor for the benefit of the Village. 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 -out and 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 stations, Village Golf Courses, Village Public Works
Department, Village Police Station and Buffalo Grove 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. 1, Paragraphs C and D. Proper notice shall be given to
Contractor in this regard by the Village.
2.5 Refuse Disposal Surcharge. The Village may, at its option and under the
terms and conditions of a Project Use Agreement between the Village and the Solid
Waste Agency of Northern Cook County ( "SWANCC"), request that the Contractor
further adjust the compensation charges as stated in this Contract in Section 2.0
for the disposal, at the Wheeling Township Transfer Station operated by or under
contract to SWANCC, of garbage, refuse, and other acceptable Agency waste as
defined in the Project Use Agreement and Agency Rules and Regulations, for the
purpose of recovering certain identified Village costs and charges due SWANCC.
The additional charges for any surcharge that may be necessary 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. A separate
annual surcharge will be required under the terms and conditions of the Project
Use Agreement and will be added as a component of the overall charge to each
dwelling unit served under this Contract.
Although the intent of the additional compensation to be collected by this
Section is for disposal at the Wheeling Township Transfer Station, the Village
reserves the right to retain such surcharge should SWANCC's balefill project fail
to be completed and funding to retire the Village's financial contractual
commitments become necessary.
The Village will provide to Contractor prior to the beginning of each
Contract year a statement which shall set forth the estimated amount of the
Village's obligation to SWANCC for that Contract year. This obligation shall be
charged at a rate per month per dwelling unit served under this Contract based
on the following formula:
Estimated Annual Village Obligation /Dwellings Served = Monthly Rate
The Contractor shall remit to the Village on a monthly basis the Surcharge
collected from all dwellings served under this Contract as billed as determined
by the above formula, plus or minus any billing adjustments. With each
remittance, a detailed reconcilement shall be provided the Village supporting
such remittance. Each monthly payment shall be due at the Village Hall,
Attention: Director of Finance, on the last business day of each month prior to
the month billed by the Contractor. (i.e. payment for customers billed for
February service shall be due by the last business day of January).
The Village will reserve the right to request interim adjustments to the
Surcharge due as part of its obligation to SWANCC because of any required upward
or downward adjustment to the Village's obligations to SWANCC. The Village and
Contractor agree to cooperate in establishing the appropriate surcharge, in
billing, collecting, remitting any and all fees collected and due the Village,
and in communicating any necessary adjustments to the Surcharge. The Village
shall diligently pursue the collection of the Surcharge from all customers served
under this Contract in cooperation with the Contractor.
ARTICLE III
MISCELLANEOUS PROVISIONS
3.1 Collection Alternatives. The Village agrees to work with the Contractor
in supporting and promoting within the Village recycling and composting service
programs. 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, and as they may be modified from time to time.
The Contractor shall sell all recyclable materials it collects under this
Contract. Should any such recycling or composting collection or marketing
programs (if permitted by statute as to compostables) 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. The Village may, at its
discretion, agree to remove from the recyclable materials collected from time to
time, any economically infeasible item upon such market change.
The Contractor, as agent for the Village, shall have a contractual
obligation to ensure that all recyclable materials collected are properly
processed and marketed. No collected recyclable materials shall be landfilled
or disposed of in any other manner, unless advance approval to do so has been
granted by the Village.
3.2 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 those services
and receive agreement from the Village prior to any formal change in service
provided under a final, revised service Contract.
3.3 Solid Waste Agency of Northern Cook County. The Village is a member of
the Solid Waste Agency of Northern Cook County (SWANCC) under the terms and
conditions as set forth in SWANCC's Project Use Agreement and a Village ordinance
that created a municipal waste system, both of which were approved on March 2,
1992 (Project Use Agreement dated March 25, 1992) and the expected delivery date
of system waste to SWANCC facilities will be May 1, 1995.
From time to time, it is anticipated that the Project Use Agreement and
Municipal Waste System Ordinance and any amendments thereto may require
operational modifications to this Contract. The Contractor agrees to cooperate
with the Village in order to implement any elements of the Agreement or Municipal
Waste System Ordinance and any amendments thereto in furtherance of the goals and
objectives of SWANCC.
SWANCC will issue and promulgate certain rules and regulations regarding
the use and operation of the Wheeling Township Transfer Station. The Contractor
shall be subject to those rules and regulations as adopted or amended as a
condition of this Contract.
3.4 Waste System. The Contractor shall as a condition of this Contract
cause the Municipal Waste System to be maintained and kept in good repair and
working order, operated efficiently and faithfully, and conform with all laws,
including the rules and regulations of SWANCC as amended from time to time, the
Project Use Agreement, and any and all ordinances or agreements governing the
operation of the Municipal Waste System.
3.5 Modification of Required Services. The Village reserves the right to
adjust or expand the scope of services required under this Contract, upon thirty
(30) days prior written notice to the Contractor, to accommodate changes in the
definition of SWANCC member waste or changes in the scope of services provided
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by SWANCC. The Village and Contractor agree to negotiate an equitable adjustment
to the Contractor's compensation under this Contract required as a result of any
adjustment or expansion of Village services.
ARTICLE IV
FAILURE TO PERFORM
PROVISIONS RELATING TO NON - ASSIGNABILITY
BREACH OF CONTRACT
4.0 Failure to Perform. It is further mutually agreed that in the event the
Contractor shall wholly fail to collect and dispose of garbage and refuse 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.
4.1 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 the Contractor with and into a direct
or indirect wholly owned subsidiary of Waste Management, Inc. shall not
constitute an assignment of this Contract.
4.3 Breach of Contract - Contractor. The following shall constitute a breach
on the part of the Contractor:
(a) Failure of the Contractor to pay, within thirty (30) days after notice
from the Village of such nonpayment, amounts which are undisputed or which are
due to the Village under this Contract.
(b) Failure of the Contractor to perform timely any obligation under this
Contract not included within subparagraph (a) above, except if such failure
remains uncured for seven (7) days after notice to the Contractor from the
Village of such failure; provided however, that this seven (7) day notice with
opportunity to cure shall not be required in the event of persistent and repeated
failure to perform.
(c) The Contractor's being or becoming insolvent or bankrupt or ceasing to
pay its debts as they mature or making an arrangement with or for the benefit of
its creditors or consenting to or acquiescing in the appointment of a receiver,
trustee or liquidator for a substantial part of its property; or a bankruptcy,
winding up, reorganization, insolvency, arrangement or similar proceeding being
instituted by the Contractor under the laws of any jurisdiction; or a bankruptcy,
winding up, reorganization, insolvency, arrangement or similar proceeding being
instituted against the Contractor under the laws of any jurisdiction, which
proceeding has not been dismissed within one hundred twenty (120) days; or any
action or answer by the Contractor approving of, consenting to or acquiescing in
any such proceeding; or the levy of any distress, execution or attachment upon
the property of the Contractor which shall (or which reasonably might be expected
to) substantially interfere with its performance under this Contract.
4.4 Breach of Contract - Village. The following shall constitute a breach on
the part of the Village:
(a) Failure of the Village to pay, within thirty (30) days after notice
from the Contractor of such nonpayment, amounts which are undisputed or which are
determined to be due to the Contractor under this Contract.
(b) The Village's being or becoming insolvent or bankrupt or ceasing to pay
its debts as they mature or making an arrangement with or for the benefit of its
creditors or consenting to or acquiescing in the appointment of a receiver,
trustee or liquidator for a substantial part of its property; or a bankruptcy,
winding up, reorganization, insolvency, arrangement or similar proceeding being
instituted by the Village under the laws of any jurisdiction; or a bankruptcy,
winding up, reorganization, insolvency, arrangement or similar proceeding being
9
instituted against the Village under the laws of any jurisdiction, which
proceeding has not been dismissed within one hundred twenty (120) days; or any
action or answer by the Village approving of, consenting to or acquiescing in any
such proceeding; or the levy of any distress, execution or attachment upon the
property of the Village which shall (or which reasonably might be expected to)
substantially interfere with its performance under this Contract.
4.5 Events of Default and Remedies of Village If a breach occurs under
Section 4.3, the Village may exercise any one or more of the following remedies:
(a) The Village may declare an Event of Default and may then terminate this
Contract immediately, upon notice to the Contractor and, subject to the
provisions of sub - paragraph (e) below, upon such termination the Contractor shall
cease providing services under this Contractor.
(b) The Village may seek and recover from the Contractor any unpaid amounts
due the Village, all its substantiated costs for the failure of the Contractor
to perform any obligation under this Contract and all damages, whether based upon
contract, negligence (including tort), warranty, delay or otherwise, arising out
of the performance or non - performance by the Contractor of its obligations under
this Contract, and whether incidental, consequential, indirect or punitive,
resulting from the breach.
(c) The Village may (1) call upon the sureties to perform their obligations
under the Performance Bond required in Section 1.5 above or (2) in the
alternative, after releasing the sureties from their obligations under the
Performance Bond, take over and perform the required services by its own devices,
or may enter into a new contract for the required services, or any portion
thereof, or may use such other methods as shall be required in the opinion of the
Village for the performance of the required services.
(d) The Village shall have the power to proceed with any right or remedy
granted by federal laws and laws of the State of Illinois as it may deem best,
including any suit, action or special proceeding in equity or at law for the
specific performance of any covenant or agreement contained herein or for the
enforcement of any proper legal or equitable remedy as the Village shall deem
most effectual to protect the rights aforesaid, insofar as such may be authorized
by law.
(e) Upon any such termination of this Contract, the Contractor shall for
a period requested by the Village, but not longer than six (6) months, continue
to perform the contractual services during which period the Village shall
continue to pay the Contractor its scheduled compensation.
(f) No remedy by the terms of this Contract conferred upon or reserved to
the Village is intended to be exclusive of any other remedy, but each and every
such remedy shall be cumulative and shall be in addition to any other remedy
given to the Village. No delay or omission to exercise any right or power
accruing upon any Event of Default shall impair any such right or power or shall
be construed to be a waiver of any such Event of Default or acquiescence therein,
and every such right and power may be exercised from time to time and as often
as may be deemed expedient. No waiver of any Event of Default shall extend to
or shall affect any subsequent default or Event of Default or shall impair any
rights or remedies consequent thereto.
This Section shall survive the termination of this Contract.
4.6 Events of Default and Remedies of Contractor. If a breach occurs under
Section 4.4 above, the Contractor may declare an Event of Default and terminate
this Contract immediately, upon notice to the Village. In such event, the
Contractor's sole remedy shall be to seek and recover from the Village any unpaid
amounts due the Contractor and any damages, whether incidental, consequential,
indirect or punitive, resulting from the Breach. The Contractor shall not be
entitled to specific performance or any other equitable remedies.
This Section shall survive termination of this Contract.
10
ARTICLE V
TERM OF CONTRACT
5.0 Term of Contract. The initial term of this Contract shall commence on
May 1, 1995 and end on April 30, 1998, unless said Contract is terminated at an
earlier date by the Village for reasons of non - performance or inability of
Contractor to perform under the direction of the SWANCC Project Use Agreement,
Municipal Waste System Ordinance, transfer station rules and regulations issued
by the Agency 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 notifying the Contractor in writing
of its intention to do so no later than ninety (90) days prior to April 30, 1998
and April 30, 1999. The Contractor shall not bill for refuse services beyond the
termination date of this Contract or any extension thereof.
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 VI
OBEDIENCE TO LAWS
6.0 Obedience to Laws. The Contractor hereby covenants and agrees to comply
with all applicable federal, state, Village, or other intergovernmental agencies
laws, ordinances and regulations at any time that may be 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, ordinance or regulations and
maintain the same in full force and effect.
IN WITNESS WHEREOF, the Contractor, Waste Management Northwest, a division
of Waste Management of Illinois, Inc., has caused this agreement to be signed by
it's corporate officers, as noted below, 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.
ATTEST: WASTE MANAGEMENT- NORTHWEST,
A DIVISION OF WASTE MANAGEMENT OF
ILLINOIS, INC.
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ATT ST:
ATTEST:
QeA -M . a �
VillW Clerk
11
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WASTE MANAGEMENT OF •
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VILLAGE GRO
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ANA 01,
VILLAGE OF BUFFALO GROVE
EXPANDED AND MULTI - FAMILY RECYCLING PROGRAM
EFFECTIVE MAY 1, 1995
The following items will be collected as part of the Village's Recycling program,
with all residential dwelling customers:
Newspaper
Mixed Paper Cereal /chip board boxes, corrugated cardboard, magazines and
catalogs, junk mail, flyers, copy paper and paper grocery bags
Glass Bottle glass only; clear, green or brown.
Aluminum Cans, clean foil, pie pans, etc.
Steel Cans Clean, steel aerosol.
Juice Boxes Cream, orange juice, egg substitute, milk, fabric softener,
etc.
Plastics Types 1 (PET), 2 (HDPE) and 6 (PS) acceptable. 6 pack rings
and 12 pack bands also acceptable.
Separate bins will provided with one bin to be designated for newspaper and mixed
paper only with the second bin for glass, metals and plastics.
Further information to be provided by Waste Management Northwest for customers.