R-15-09VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTIONNO. R-15-09
A RESOLUTION AUTHORIZINIG A FIRST AMENDMENT TO
RESIDENTIAL SCAVENGER SERVICE CONTRACT BETWEEN THE
VILLAGE OF DEERFIELD AND WASTE MANAGEMENT OF ILLINOIS, INC.
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to
the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, as a home rule unit of local government, the Village may exercise any
power and perform any function pertaining to its government and affairs except as limited by
Article VII, Section 6; and
WHEREAS, the Village of Deerfield has entered into a contract with Waste
Management of Illinois, Inc. ("WMI") commencing April 1, 2011 and ending March 31, 2016
(the "Scavenger Contract") providing for the collection and disposal of garbage, refuse,
recyclable materials and miscellaneous waste from all residential units in the Village of
DeerfieMq, 1UREAS, WMI desires to amend the Scavenger Contract in order to extend the term
of the Scavenger Contract for an additional five (5) years ending March 31, 2021; and
WHEREAS, the Village and WMI have negotiated the terms of an amendment to the
Scavenger Contract, a copy of which is attached hereto and made a part hereof as Exhibit A (the
"First Amendment") providing for an extension of the Scavenger Contract for an additional five
(5) years ending March 31, 2021, and certain additional modifications to the terms and
of the Scavenger Contract; and
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WHEREAS, the corporate authorities of the Village of Deerfield have reviewed the First
Amendment and find that it is in the best interests of the Village of Deerfield that the First
Amendment be authorized and approved and that the Scavenger Contract, as amended, be
extended for an additional five (5) years ending March 31, 2021 as provided therein;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals are hereby incorporated and made a
part of this Resolution as if fully set forth herein.
SECTION 2: That the First Amendment to Residential Scavenger Service Contract
Between the Village of Deerfield and Waste Management of Illinois, Inc., a copy of which is
attached hereto as Exhibit A (the "First Amendment"), be and the same is hereby approved and
authorized.
SECTION 3: That the President and Village Clerk of the Village of Deerfield are
hereby authorized and directed to execute and attest said First Amendment for and on behalf of
the Village of Deerfield.
SECTION 4: That this Resolution, and each of its terms, shall be the effective
act of a home rule municipality without regard to whether such Resolution should: (a) contain
terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b)
in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of
the corporate authorities of the Village of Deerfield that to the extent that the terms of this
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Resolution should be inconsistent with any non -preemptive state law, this Resolution shall
supersede state law in that regard within its jurisdiction.
SECTION 5: That this Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED this 20th day of____AD,-j 1 , 2015.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 20th day of
ATTEST:
165. z;-Af
Village Cler
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r
Village President
2015.
FIRST AMENDMENT TO RESIDENTIAL SCAVENGER
SERVICE CONTRACT
This First Amendment to the Village of Deerfield Residential Scavenger Service
Contract (the "Amendment") is made and entered into as of i1 ZOt 2015
by and between the Village of Deerfield, an Illinois municipal c rporation (the "Village")
and Waste Management of Illinois, Inc., an Illinois corporation ("WMI").
RECITALS:
WHEREAS, Village and WMI entered into a Residential Scavenger Service
Contract dated as of March 8, 2011 (the "Scavenger Contract') providing for the
collection and disposal of garbage, refuse, recyclable materials and miscellaneous
waste from all residential units in the Village of Deerfield as provided in the Scavenger
Contract; and
WHEREAS, Village and WMI mutually desire to amend the Scavenger Contract
in order to extend the term of the Scavenger Contract for an additional five (5) years
ending March 31, 2021, and to revise certain terms of the Scavenger Contract, all as
provided in this Amendment.
NOW, THEREFORE, in consideration of the terms and conditions set forth
herein, and other good and valuable consideration, the Village and WMI agree that the
Scavenger Contract shall be amended as follows:
1. Recitals: The above Recitals are true and material to this Amendment
and are hereby incorporated and made a part of this Amendment as if set forth herein.
2. Extension of Term of the Scavenger Contract. The initial term of the
Scavenger Contract commencing April 1, 2011 and ending March 31, 2016 is hereby
extended for an additional five (5) years commencing April 1, 2016 and ending March
31, 2021.
3. Amendment to Section II.A of the Scavenger Contract. Notwithstanding
anything to the contrary stated in Section II, Paragraph A of the Scavenger Contract,
WMI agrees to offer residents a one month window annually to upgrade to a 96 gallon
recycling cart for no charge. The Village and WMI shall mutually agree to the specific
time frame for the annual extension of this upgrade opportunity, which shall not be less
than 28 consecutive days.
4. Amendment to Section 4b of the Scavenger Contract. Effective February
1, 2016, Section 4b of the Scavenger Contract is amended to read as follows:
4b. All residential dwelling units receiving services from the WMI as of
February 1, 2016 shall designate their selection of service for garbage
and refuse as either curbside service or backdoor service, or may amend
their previous designation, on or before April 1, 2016. All new customers
shall designate their selection of services upon their registration for
services with WMI. WMI shall provide curbside service to any residential
dwelling unit which fails to designate its selection of services as required
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pursuant to this section. WMI shall not impose any fee or penalty upon
any residential dwelling unit owner or occupant who amends his or her
selection of services, not more than once, prior to June 1, 2016 or for new
customers within 60 days of the commencement of services by WMI. Any
owner or occupant of a residential dwelling unit who amends his or her
selection of curbside or backdoor garbage and refuse services on or after
June 1, 2016, more than once within the allotted timeframe for change of
service, or for new customers after 60 days from the date services
commenced, shall pay a service switch fee of $80 for each time service is
switched from curbside to backdoor service. There shall be no fee to
change service from backdoor to curbside service.
5. Amendment to Section 4c of the Scavenger Contract. Section 4c of the
Scavenger Contract is amended effective April 1, 2016 to read as follows:
4c. Owners or occupants of residential dwelling units shall be able to
request that the Village review and decide on whether the owner or
occupant is eligible to receive hardship service under this contract.
Hardship service is defined as backdoor service for garbage and refuse,
which is charged the same rate as curbside service. In order to be
eligible for such a determination to be made by the Village Manager, or
his designee, the owner or occupant must be and demonstrate all of the
following: 1) physically unable to bring his or her garbage and refuse cart
and containers to the curb, 2) no one else living in the dwelling unit is
physically able to bring the garbage and refuse cart to the curb, and 3)
must provide a tax return documenting that his or her income level is at or
below the poverty income level established for Lake County Illinois by the
Illinois Department of Labor or the US Census Bureau. The maximum
number of hardship service determinations the Village can make and
have in effect under this contract at any one time is fifty (50).
6. Amendment to Section 11 of the Scavenger Contract. Notwithstanding
anything to the contrary stated in Section 11 of the Scavenger Contract, WMI shall
exercise its best efforts to commence the use of at least eight (8) trucks that operate on
compressed natural gas ("CNG") for the provision of garbage and refuse collection,
and/or recyclable materials collection services pursuant to this contract and each year
thereafter shall add two trucks that use CNG fuel until all trucks collecting garbage and
refuse, and recyclable materials are CNG trucks; provided, however, that WMI may use
trucks that do not operate on CNG per the requirement of this section, but only in the
event of equipment failure on or related to the trucks that operate on CNG, and only to
the minimal extent necessary to provide the collection services as required pursuant to
this contract.
7. Amendments to Section 17 of the Scavenger Contract Concerning Rates.
Notwithstanding anything to the contrary stated in Section 17 of the Scavenger Contract,
beginning April 1, 2016 the rates for garbage and refuse, recycling, and garden waste
collections and disposal as set forth in Section 17 of the Scavenger Contract are
amended as set forth in Exhibit A attached to this Amendment.
8. Amendments to Section 17 of the Scavenger Contract Concerning
Services to Villa e.
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(a) Notwithstanding anything to the contrary stated in Section 17 of the
Scavenger Contract, beginning April 1, 2016 WMI shall render complete service
collection and removal to all Village -owned properties (Village Hall, Community
Development, Public Works, and the Water Reclamation Facility) and to all Village
festivals without charge, except for bulk material and roll offer service to Village
facilities which shall be at the following rates:
(i) $150.00 per haul
(ii) $44.00 per ton for disposal
(b) Notwithstanding anything to the contrary stated in Section 17 of the
Scavenger Contract, beginning April 1, 2016 WMI shall also provide collection of
recyclable materials from those properties located within the Village and owned by
the Deerfield Park District, Elementary School District #109, Deerfield High
School, the Deerfield Public Library, West Deerfield Township and the Deerfield
Bannockburn Fire Protection District without charge.
(c) WMI will provide the Village with ten (10) Waste Management "Battery
Tracker" recycling kits and five (5) CFL recycling kits for use by Village for disposal by
Village, and periodic collection by WMI, of alkaline/nickel dry cell batteries and CFL
bulbs. This shall be at no cost to Village
9. Amendment to Section 18 of the Scavenger Contract. Section 18 of the
Scavenger Contract is amended effective April 1, 2016 to read as follows:
Annually on each anniversary date of the contract all prices charged by WMI for
services under this contract, shall be increased based on the increase in the
Consumer Price Index (CPI-U) for Chicago -Kenosha -Gary — All Items, for the
previous twelve (12) month period, however the adjustment made pursuant to this
section shall not be lower than 2.25% or greater than 3.5%. The December CPI will
be used annually for this determination. For notification and verification purposes,
WMI shall notify the Village in writing by February 15 of the annual increase and
revised rates, as calculated pursuant to this section, which increase and rates
shall not take effect until the Village approves of the proposed adjustment.
Notwithstanding anything to the contrary, the yard waste rates on Exhibit A will
not be subject to the annual increase until April 1, 2017. The refuse and
recycling rates on Exhibit A will not be subject to the annual increase until April 1,
2018.
10. Miscellaneous.
(a) Ratification. This Amendment supplements and amends the Scavenger
Contract. In the event of any conflict or inconsistency between the Scavenger
Contract and this Amendment, the provisions of this Amendment shall govern.
All other terms, provisions, representations, warranties and covenants of the
Scavenger Contract are hereby confirmed, ratified and remain in full force and
effect.
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(b) Authority- Each party acknowledges, agrees and represents that it
has all requisite power and authority to execute and deliver, and to perform its
obligations under this Scavenger Contract, as amended by this Amendment.
(c) Entire A regiment. The parties hereby acknowledge and agree that
this Amendment represents the entire understanding between the partles as to
the subject matter of this Amendment, and supersedes any prior Agreement or
understanding between the parties relating to the matters specifically addressed
in this Amendment, that the Scavenger Contract, as amended by this
Amendment, represents the entire understanding between the parties as to the
subject matters addressed therein.
IN WITNESS WHEREOF, the undersigned have executed this First Amendment
to Residential Scavenger Service Contract between the Village of Deerfield and Waste
Management of Illinois, Inc., as of the day and year first set forth above.
VILLAGE OF DEERFIELD
By:
".ZLato
President
Attest:
4V1llagCIerk
WASTE MANAGEMENT OF ILLINOIS, INC.
Attest:n �
Title: rt c - AAbvv,` r Itt eNnc�s
SE
EXHIBIT A
Beginning April 1, 2016, the rates for garbage and refuse, recycling, and garden waste collection and
disposal shall be as follows:
Refuse and Garba a Service:
Single Family. and Duplexes
Ix/Week, Unlimited Curbside Service: $17.28/unit/month
lx/Week, Unlimited Backdoor Service: $23.79/unit/month
Each additional 35 gallon cart $2.00/month
Each additional 65 or 95 gallon cart $2.00/month
Condominium Containerized Service
$7.70/unit/month
Recvclinp Service:
Single Family and Duplexes
Included in the refuse and garbage rate
Condominium Containerized Service
Included in refuse and garbage rate
Garden Waste Service:
lx/Week: $2.70 per sticker (required on each garden waste bag or bundle of brush)
Recyclebank (Optional)
For an additional Village -wide charge of $0.54 per home per month.
VILLAGE OF DEERFIELD RESIDEN'rIAL SCAVENGER
SERVICE CONTRACT
This contract entered into this day of N(, L, _! 12011 between the Village of Deerfield, an
Illinois Municipal Corporation ("the Village") and Waste Management of Illinois, Inc. ("WMI").
Section 1 - Definitions
A. Garbage shall mean all animal and vegetable waste and all putrescible matter
B, Refuse shall mean all combustible trash including, but not limited to. paper, cartons. boxes,
magazines, excelsior, suitable for deposit in a container as specified wider Section II of these
Specifications, and non-combustible trash including, but not limited to, metals, tin cans, glass bottles,
crockery, articles of clothing and other mineral and similar waste products suitable for deposit in a
refuse container. Refuse shall also include ashes and cinders which must be placed in a disposable tightly
covered container.
C. Garden Waste shall mean all yard trimmings, grass, leaves and similar materials suitable for
deposit in garden waste containers as specified under Section 11 of these specifications. Garden Waste
shall also include those branches and/or brush which can be loosely packed in garden waste containers
as specified under Section II of these specifications or tied bundles of brush consisting ofyard
trinmlings, tree and flower stalks and snnilar materials not suitable for deposit in garden waste containers.
so long as said bundles do not exceed four (4) feet in length, thirty (30) inches ui circumference and fifty
(50) pounds in weight.
D. Miscellaneous Waste shall mean all waste materials of a size which render them unsuitable for
deposit in a refuse or garden waste container as specified under Section Il of these specifications
including, but not limited to, furniture and appliances.
L. Construction Debris shall include, but not be limited to, wood, lumber, drywall and other
similar materials commonly used and linrited to the homeowners' do-it-yourself projects.
F. Residential Dwelling Unit(s) shall be defined as single and multi -family dwellings not exceeding
two dwelling units.
G. Recvclable Materials shall mean materials which can be removed from refuse and recycled.
Included are newsprint, magazines, catalogs, mixed paper, corrugated cardboard, chipboard, aluminum
and other types of cans and formed containers, glass bottles, plastics coded 41, 42, #3, #4, and #5, and
other items mutually agreed to by the Village and WMI. Corrugated cardboard must be flattened and no larger
than 3'x3'.
1-1 Condominium shall mean a multi -family building containing more than two dwelling units
which has been submitted to the provisions of the Illinois Condonnnnium Property Act.
1. Unit, when used in connection with the term "Condominium", shall mean an individual
dwelling unit in a Condominium intended for independent ownership, occupancy and use.
J. Container, when used in connection with the teen "Containerized Service" shall mean, a covered,
leak proof, large capacity container or dunnpster provided and owned by WMI with a sufficient
volume to contain all garbage and refuse placed for disposal by the owners or occupants of the
Condominium Units to be served by such container behveen regularly scheduled collections.
K. Containerized Service shall mean garbage and refuse collection service provided to the owners
and occupants of Units in a Condominium in Containers provided by \"11.
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L. Cart shall mean a covered, leak proof cart provided and owned by WMI to contain all Refuse or
Recyclable Materials placed for disposal or processing by the owner or occupants of a Residential
Dwelling Unit.
Section II - Residential Cart and Container Specifications for Garbage and Refuse Rea clable Materials
and Garden Waste
A. WMI shall provide each residential dwelling unit with one cart for garbage and refuse
and one cart for recyclable materials which shall conform to styles and specifications
approved by the Village. The carts shall be owned and maintained by WMI throughout
the term of this contract. The design and color of the cart for recyclable materials must
be readily distinguishable from the design and color of the refuse cart.
WMI shall provide one free garbage and refuse cart to each residential dwelling
unit in the Village. Each residential dwelling unit will be delivered a 95 gallon
capacity cart at the start of the contract or new service. Each residential
dwelling unit shall have 60 days to switch carts to either a 35 gallon or 65
gallon cart without charge. Thereafter any request to switch a garbage and
refuse cart shall incur a $40 cart delivery fee payable to WMI by the owner or
occupant of the residential dwelling unit.
2. WMI shall provide one free recyclables materials cart to each residential
dwelling unit in the Village. Each residential dwelling unit will be delivered a
65 gallon capacity cart at the start of the contract or new service. Each
residential dwelling unit shall have 60 days to switch carts to either a 95 gallon
or 35 gallon cart without charge. Thereafter any request to switch a recyclables
materials cart shall incur a $40 cart delivery fee payable to WMI by the owner
or occupant of the residential dwelling unit.
B. Any other containers used by a resident of a residential dwelling unit for refuse or
recyclable materials that do not fit within the carts provided by WMI shall be:
Of durable metal or plastic material
2. Watertight
3. Equipped with a tight -fitting cover and with handles suitable for lifting by one (1)
person and shall not exceed fifty (50) pounds.
.C. Garden Waste shall be placed in approved thirty -gallon (30) disposable paper bags or tied
bundles of brush consisting ofyard trhnmings, tree and flower stalks and similar materials not
suitable for deposit in garden waste containers, so long as said bundles do not exceed four (4) feet in
length, thirty (30) inches in circumference and fifty (50) pounds in weight.
D. Only containers complying with these specifications for garbage, refuse, garden waste and
recyclable materials respectively may be utilized.
E. WMI agrees to supply the Village 5 Waste Management CFL recycling kits at no cost to the
Village.
F. WMI agrees to supply the Village with 5 Waste Management battery tracker 3'h
gallon battery recycling buckets at no cost to the Village.
Page 2 of 16
Section III - Residential Container Location
A. For those residential dwelling units for which back door garbage and refuse service has
not been selected, all carts and containers for garbage and refuse shall be placed at the curb in
front of the dwelling unit not earlier than sundown of the day preceding the day scheduled for
collection nor later than 7:00 AM the day of collection.
B. All carts and containers for garbage and refuse for those residential dwelling units that
have selected backdoor garbage and refuse service shall be kept in the rear of residential
premises or in the garage where such garage is located at the fiiont of the residence. If the
containers are stored in the garage, they must be placed outside the garage for collection.
C. All garden waste containers and bundles of brush shall be securely closed or tied in the case of
bundles of brush and placed for collection, along with the cart and containers forrecyclable materials,
miscellaneous waste and construction debris, at curbside not earlier than sundown of the day
preceding the day scheduled for collection, nor later than 7:00 AM the day of collection.
At curbside shall be defined as follows:
(1) Conventional Curbs - containers shall be placed behind the curb.
(2) Non -Conventional Curbs - containers shall be placed no closer than two (2) feet nor further than five
(5) feet firm the parkway adjacent to the pavement.
TERMS OF CONTRACT
The contract tern shall be for five years, conunencing April 1, 2011 and ending March 31, 2016.
Upon the mutual written consent of both parties this contract can be extended for two additional
three year periods.
DEERFIELD SCAVENGER SERVICE
PROGRAM CONTRACT PROVISIONS
1. WMI shall furnish a complete service for the collection and disposal, exclusive of household
hazardous waste, of all garbage, refuse, recyclable materials (unlimited service) and miscellaneous waste
(as those terns are defied in the Deerfield Municipal Code of 1975, as amended, and as it may hereafter
be amended) exclusive of household hazardous waste frorn all residential units as defied in Section I-F
of the specifications. WMI may also service any premises not included in this contract by contracting
separately for such service at separately negotiated rates.
2. WMI agrees that at each residential collection it will collect, at the curly, bagged garden wastes,
including leaves, in unlimited amounts, on a weekly basis from April I to December 15th. hi addition,
WMI shall collect weekly, in unlirnited amounts, tied bundles of brush consisting of yard trimmings, tree
and flower stalks and similar materials not suitable for deposit in garden waste containers, so long as said
bundles do not exceed four (4) feet in length, thirty (30) inches in cir-curnference and fifty (50) pounds in
weight. All bags and/or bundles of garden waste must have a garden waste sticker attached in order to be
collected. Two additional collections will be provided for organic Christmas trees and other organic
holiday decorations each January. The Village will provide a €all leaf pick-up program from October 1
through November 30 to aid WMI in the collection of leaves.
3a. WMI agrees that at each residential collection it will collect, at the curb, items of
miscellaneous waste as defined in the Deerfield Municipal Code of 1975, as amended, which consist
generally of furniture, cabinets, lumber, boards of three (3) feet in length which have been tied securely,
construction debris of one cubic yard and sbnilar items, at no additional charge.
WMI, upon request of the occupant of any residential unit, shall collect and remove construction debris
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in excess of one cubic yard, at reasonable rates mutually agreed upon by WMI and the resident,
provided that the Village reserves the right from tone to tone to determine reasonably whether any waste
constitutes extensive construction debris rather than miscellaneous waste subject to ordinary collection.
3b. White goods (appliances) will be picked up at no additional charge on a designated
day mutually agreed to by the Village and WMI. Residents must call in advance to schedule such
pick up.
4a. WMI agrees that collection of garbage and refuse shall be made from each residential
dwelling unit in the Village, without Imitation to the nurnber of carts and containers at each dwelling
unit, at least once a week, on regularly maintained routes, and according to a fixed schedule, which
routes and schedules shall be subject to Village approval. The regular collection schedule shall provide
for the collection to take place on Tuesday or Wednesday of each week. Each residential dwelling unit
shall have the choice of receiving either curbside garbage and refuse collection service or backdoor
garbage and refuse collection service. Any residential dwelling unit selecting backdoor service shall
receive a separate invoice firom WMI that is payable by the owner or occupant of the unit. The charge
for backdoor service shall be consistent with the rates contained and approved in this contract.
4b. All residential dwelling units receiving services from the WMI as of the effective
date of this contract shall designate their selection of service for garbage and refuse as either
curbside service or backdoor service on or before April 1, 2011, All new customers shall
designate their selection of services upon their registration for services with WMI. WMI shall
provide curbside service to any residential dwelling unit which fails to designate its selection of
services as required pursuant to this section. WMI shall not impose any fee or penalty upon any
residential dwelling unit owner or occupant who amends his or her selection of services, not
more than once, prior to June 1, 2011 or for new customers within 60 days of the
commencement of services by WMI. Any owner or occupant of a residential dwelling unit who
amends his or her selection of curbside or backdoor garbage and refuse services on or after June
1, 2011, more than once within the allotted timefiarne for change of service, or for new
customers after 60 days from the date services commenced, shall pay a service switch fee of $80
for each time service is switched from curbside to backdoor service. There shall be no fee to
change service from backdoor to curbside service.
4c. Owners or occupants of residential dwelling units shall be able to request that the
Village review and decide on whether- the owner or occupant is eligible to receive hardship
service under this contract. Hardship service is defined as backdoor service for garbage and
refuse, which is charged the same rate as curbside service. In order to be eligible for such a
determination to be made by the Village Manager, or his designee, the owner or occupant must
be and demonstrate all of the following: 1) physically unable to bring his or her garbage and
refuse cart and containers to the curb, 2) no one else living in the dwelling unit is physically
able to bring the garbage and refuse cart to the curb, 3) must provide a tax return documenting
that his or her income level is at or below the poverty incorne level established for Lake County
Illinois by the Illinois Department of Labor or the US Census Bureau, and 4) shall not have
selected and paid the Village for optional twice -a- week refuse service during January, February
or March of 2011. The maximum number of hardship service determinations the Village can
make and have in effect under this contract at any one time is fifty (50).
5. WMI agrees that the collection of garden waste shall be made from each residential unit in the
Village, without limitation to the number of containers at each dwelling unit, at least once each week on
regularly maintained routes and according to a fixed schedule, which routes and schedules shall be
subject to Village approval. Garden waste collection services shall be on the same day as garbage and
refuse collection services.
6. WMI agrees that the collection of recyclable materials shall be made fi-orn each
residential dwelling unit in the Village at least once each week on regularly maintained routes
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and according to a fixed schedule, which routes and schedules shall be subject to Village
approval. Recyclable materials collection services shall be on the same day as garbage and
refuse collection services.
7a. WMI shall furnish all Condominium Units with complete service for the collection
and disposal (exclusive of household hazardous waste) of all garbage, refuse, recyclable materials and
miscellaneous waste.
WMI shall provide Containerized Service collection of garbage and refuse from each
Condominium in the Village , on regularly maintained routes, and according to a fixed schedule,
which routes and schedules shall be subject to Village approval. If Condominiums receiving
Containerized Service under the provisions of this contract desire more frequent collections, WMI shall
offer to provide additional containerized collection service to those condominium associations that
request such additional service. WMI shall also provide, at no additional charge, appropriate Containers
which shall be:
1. of durable metal or plastic material and equipped with a
tight fitting cover;
2. Water tight and leak proof;
3. of a size to fit within garbage collection enclosures
provided at the Condominium served by the Container;
4. of a sufficient size to contain all garbage and refuse to be deposited by Unit
occupants between collection dates.
All Containers provided by WMI for Containerized Service shall be kept in the garbage collection
enclosures provided by the Condominium Association, and shall be carefully removed and returned to
the enclosure after each collection.
WMI may offer to make available to commercial, industrial and multi-farnily establishments in
the Village a complete waste collection and removal service at rates which shall be competitive with
others rendering sunilar service. It is understood and agreed that WMI shall be the sole scavenger
rendering waste collection and removal service to residential dwellings in the Village, but that the
Village may license others to render such service to cornmercial and industrial establishments in the
Village.
8. WMI shall observe the following holidays: New Years Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day. In weeks during which one
of the above holidays is observed on a Sunday, Monday, Tuesday, or Wednesday, service will be
delayed one day.
9(a). All garbage and refuse, recyclable materials and garden waste shall be removed from the
Village at the close of each day of collection and shall be disposed of or managed at lawfully operated
sanitary landfill sites, transfer stations, recycling facilities and/or coinposting sites at the sole expense of
WMI. WMI warrants that sufficient sites for the disposal or management of said waste and material will
be available to WMI during the full teen of this contract.
9(b). All garbage and refuse shall be removed from the Village at the close of each day
of collection, and shall be disposed of at a Solid Waste Agency of Lake County -designated
lawfiilly operated pollution control facility (ies) at WMI's sole expense. The Agency -designated
facilities in operation at the time of execution of this Contract are the Countryside Landfill in
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Grayslake, the Veolia/Zion Landfill in Zion and the Pheasant Run Landfill in Kenosha County,
Wisconsin. Notwithstanding the foregoing, the Village reserves the right to direct the location
of disposal to a pollution control facility that commences operations after the date of this
contract and utilizes technology that results in a substantial increase in the beneficial reuse of
such garbage and refuse when compared with the pollution control facility being used by the
WMI, provided that any increase or decrease in costs arising therefrom shall be negotiated to
reflect the increase or decrease with WMI. If WMI elects to transport the Village's garbage and
refuse to a pollution control facility that is not an Agency designated facility it must pay to the
Agency, on a calendar quarterly basis, the local surcharge fee allowed pursuant to the Illinois
law, which is currently $1.27 per ton of eligible waste.
9(c). All garden waste shall be managed in a lawful manner. Management options
include Illinois Environmental Protection Agency (IEPA) permitted landscape waste
composting facilities or land application'at legal agronomic rates. IEPA permitted landscape
waste facilities may treat, compost, grind, or land -apply said landscape waste. WMI must
disclose the management site and notify the Village of any proposed change at least sixty (60)
days in advance of any change. Notwithstanding the foregoing, the Village reserves the right to
reject any proposed change, or to direct the location of disposal to a landscape waste facility that
is more cost effective than the facility being used by WMI, provided that any increase or
decrease in costs arising therefrom shall be negotiated to reflect the increase or decrease with
WMI. No landscape waste may be disposed of at a landfill or solid waste incinerator unless
otherwise authorized by the Illinois Environmental Protection Act (415 ILCS 511 et seq) and as
agreed to by the Village in writing.
9(d). WMI shall deliver all collected recyclable materials to the WM Recycle America
LLC Intermediate Processing Facility (WMRA Facility) in Grayslake IL. - Notwithstanding the
foregoing, the Village reserves the right to direct WMI to deliver its collected recyclable
materials to a Solid Waste Agency of Lake County -designated processing facility that provides
greater financial benefits to the Village and the Agency than the WMRA Facility after the
Agency's current agreement with the WMRA Facility expires. If the Village elects to direct a
change in facilities, any increase or decrease in collection costs arising therefrom shall be
negotiated to reflect the increase or decrease with WMI. The Village may tenninate the contract
if WMI fails to abide by the Rules and Regulations set forth by the facility used for the
processing of collected recyclable materials. All proceeds fiorn the sale of Recyclable Materials
shall be retained by WMI. WMI agrees to provide a quarterly accounting statement, pertaining
to the Village, detailing the weight of recyclable materials collected and verifying compliance
with all provisions of this section of the contract. Notwithstanding the foregoing, WMI
acknowledges that the Agency has in effect a rebate program whereby the Agency receives
certain funds from the WMRA Facility, and distributes a portion of these funds to its members,
including the Village, and WMI waives any claim to any portion of the funds collected by the
Agency through this program.
10. The services to be rendered by WMI hereunder shall be performed in an orderly,
efficient and workmanlike manner. WMI shall not litter prernises in the process of making
collections nor allow any refuse to blow at all from any vehicle used for collections. WMI shall
repair or replace, at its expense, containers damaged as a result of its negligent handling thereof,
reasonable wear and tear expected. WMI shall replace lids or covers on containers irrunediately
after emptying. WMI agrees that emptied containers will not be placed on pedestrian walkways after
collection.
11. WMI shall furnish a complete list of the vehicles to be used in servicing this contract.
The Village reserves the right to request descriptive literature or specification sheets for each type
of vehicle listed as it deems necessary to determine additional details to evaluate the WMI proposal,
or to properly administer specifications of this contract. Upon request of the Village, WMI shall
Page 6 of 16
demonstrate that collection equipment is suitable for the materials to be collected. All vehicles shall
be maintained in good working order and appearance, flee of rust, and shall be clean at the start of
each collection day. No vehicle shall be operated on Village streets which leak any fluids from the
engine or compacting mechanism. In the event that any vehicle is not properly operable, a
conforming substitute vehicle shall i rrmediately be provided that complies with the terms herein. All
vehicles shall display the WMI name, a local phone number, and a vehicle identification number that
is clearly visible onboth sides,
All vehicles shall be fully enclosed, leak -proof and operated in such a way that no refuse,
recyclable, or yardwaste leaks, spills, or blows off the vehicles. Should any refuse, recyclable, or
yardwaste leak, spill, or blow off a vehicle, WMI shall be responsible for collecting or cleaning up
such litter or fluids. If such litter or fluids are not cleaned up after notice (verbal or written) from the
Village, the Village may clean up same, and the Village may bill the cost to WMI for services
rendered. Drain plugs, if available, shall be kept closed except during collections in rainy weather.
All vehicles shall be made available for inspection during regular business hours at the request of
the Village, in addition to yearly inspection requirements of WMI's annual business license(s).
Refuse, recyclable materials, and garden waste shall -not be cornrningled. WMI shall use
exclusively modern, enclosed leak proof; packer type disposal truck bodies for all residential
garbage, refuse and garden waste disposal service. All equipment used for transportation of garbage
of any kind shall be watertight and equipped with covers. WMI shall furnish courteous, neat and
competent employees. Employees will not operate any vehicle while under the influence of drugs
and alcohol. Employees must comply with all Illinois commercial driver's license (CDL) laws and
requirements. The gross weight of any collection vehicle used in the Village shall not exceed a
gross weight of 54,000 pounds for a three axle vehicle. Other vehicles must meet the Illinois
Municipal Code.
Not later than July 1, 2011, WMI shall exercise its best efforts to commence the use
of at least two trucks that operate on cornpressed natural gas ("CNG") for the
provision of garbage and refuse collection, and/or recyclable materials collection
services pursuant to this contract and each year thereafter shall add two trucks that use
CNG fuel until all tracks collecting garbage and refuse, and recyclable materials are
CNG trucks; provided, however, that WMI may use trucks that do not operate on
CNG per the requirement of this section, but only in the event of equipment failure
on or related to the trucks that operate on CNG, and only to the minimal extent
necessary to provide the collection services as required pursuant to this contract.
12. Residential collection service shall not begin in Deerfield prior to 7:00 A.M.,
except for Deerfield and Waukegan Roads, where service may begin at 6:30 A.M. in order
not to interfere with peak hour traffic.
13a. Insurance. WMI will be required to furnish at their sole cost original certificates of
insurance upon award of the contract. Throughout the term of this contract and any renewal thereof,
WMI agrees, at a minimum, to carry and maintain in effect insurance as follows:
a) Workman's Compensation: WMI shall carry in a company authorized under
the laws of the State of Illinois a policy to protect itself against liability under
the Workman's Compensation and Occupational Diseases Statutes of the State
of Illinois.
b) Motor Vehicle Liability Insurance: WMI shall carry in its own name a policy
under a comprehensive form to insure the entire motor vehicle liability for its
operations with limits not less than $3,000,000 each person and $5,000,000 each
accident bodily injury and death liability and $1 000,000 each accident for property
damage liability. This policy shall name the Village of Deerfield as additional
Page 7 of 16
insured as respects the operation of vehicles owned or operated by WMI.
c) General Liability: WMI shall carry in his/her own name a comprehensive
liability policy for its operations other than motor vehicle with limits of at least
$3,000,000 each person and $5,000,000 each accident bodily injury and death
liability, $1,000,000 each accident for property damage liability. The Village
of Deerfield shall be named as additional insured on this policy.
Said insurance policies shall not be cancelable without thirty (30) days prior
written notice to the municipality. WMI shall furnish the municipality with
certificates evidencing that the insurance provided for herein is maintained by
WMI within seven (7) days of the date ofanyrequestby the municipality.
The insurance coverage specified herein constitutes the minimum requirements
and said requirements shall in no way lessen or limit the liability of WMI under
the terms of this agreement. WMI shall procure and maintain at its own cost
and expense, any additional kinds and amounts of insurance which, in WMI's
own judgment, may be necessary for its proper protection in the prosecution of
the work.
d) WMI agrees to provide an umbrella coverage over and above all individual
coverages of not less than $10,000,000, insuring both WMI and the Village.
All insurance policies required by this Section 13 shall be on an occurrence
basis.
13(b). Indemnification. WMI shall indemnify and save harmless the Village of Deerfield
against any and all damages to property or injury or death of any person or persons, including
properly and employees, agents or invitees of the Village of Deerfield and shall defend, indemnify
and save harmless the Village of Deerfield from any and all claims, demands, suits, actions or
proceedings of any kind or nature, or by anyone whatsoever, including but not limited to costs,
expenses and reasonable attorney fees, in any way resulting fi om or arising out of WMI's
performance under the terns of this proposal and/or the operations in connection herewith, including
operations of sub -contractors and actions or omissions of employees or agents of WMI or its sub-
contractors. WMI's insurance shall include contractual coverage of the foregoing "hold harmless"
agreement.
It is expressly agreed that in no event shall the Municipality be liable or responsible to
WMI or any other person, on account of stoppages, or delay in work herein provided for, by
injunction or other legal or equitable proceedings brought against WMI, or from, or by account of,
any delay from any cause whatsoever over which the municipality has no control.
13(c). Force Majeure. Neither party shall be deemed in violation of this Agreement for
the delay in that party's performance or failure to perform in whole or in part its obligations
under this Agreement due to shrike, work stoppages, war or act of war (whether an actual
declaration is made or not), insurrection, riot, act of public enerny, fire, flood or other act of God
or by other events to the extent that such events are caused by circumstances beyond the party's
control and are not caused by negligence on the part of that party or anyone acting on its behalf;
provided, however, that strikes or work stoppages by WMI's own work forces shall not be
considered events caused by circumstances beyond WMI's control.
In the event that the delay in performance or failure to perform affects only part of
WMI's capacity to perform its obligations under- this Agreement, WMI shall perform such
obligations to the extent it is able to do so in as expeditious manner as possible.
Page 8 of 16
WMI shall promptly notify the Village in writing of any event covered by this
Paragraph and the date, nature and cause thereof. Such notice shall indicate the anticipated
extent of such delay and the obligation under this Agreement to be affected thereby.
14. Upon execution of the contract, WMI shall furnish a surety bond in the penal sum of
$500,000„ conditioned upon the faithful perfonnance by WMI of its obligations under this contract
and on its full compliance with the laws of the State of Illinois and ordinances and regulations of the
Village of Deerfield, and said bond shall indemnify the Village against any loss resulting from any
breach or failure of performance by WMI. The surety on said bond shall have at least a AAAA
financial rating in the most recent edition of Best's Insurance Reports.
WMI may, at its option, in lieu of the above required performance bond, deposit with the
Village a cash deposit of $500,000, or a $500,000 Certificate of Deposit, or letter of credit in such
form as is acceptable to the Village.
In the event that the tern of the surety bond does not extend for the full tern of the
contract, WMI shall furnish a renewal surety bond not less than thirty (30) days prior to the
expiration date of the surety bond. Failure to obtain the renewal surety bond in a timely manner
will constitute an event of default enabling the Village to be indemnified pursuant to said surety
bond.
15, WMI shall be responsible for maintaining a phone system that allows for prompt and
irmnediate response to residents' requests for service.
16(a). WMI agrees to respond to complaints of missed service on the same day the
complaint is received, but in no case later than one business day after its receipt provided that
WMI is notified of the missed pickup by 11.00 A.M. on the day following normal pickup. If
service is not rendered within one business day, the Village of Deerfield shall subtract $40 from
the monthly bill paid WMI for each dwelling missed during that billing period. If a residence is
missed more than three times in one calendar month, an additional credit will be given for that
miss in addition to the one already provided, however the additional credit shall not exceed an
additional $40.00.
16(b). WMI's Failure to Perform; Notice of Default. In the event WMI shall fail, or
anticipates that it shall fail, in whole or in part, to provide garbage and refuse or recycling or
garden waste collection and disposal services for a period of one or more days, WMI shall give
immediate telephone notice and twenty-four (24) hour written notice of such failure or anticipatory
failure to the Village Manager, or his designee, specifying therein the reasons for such default.
In addition to any other remedies the Village may have by statutory law or under this
Agreement, it shall have the right to cause such collection and disposal work to be done with its
own forces or by a thud party. All direct and indirect costs so incurred by the Village shall be paid
by WMI, either by direct charge to WMI and/or by setoff against payments due WMI for services
rendered under this Agreement; provided, however, that the Village shall have first served a notice
of default and demand for performance on WMI and its surety, and WMI and its surety have
refused or failed to perform such work.
In the event any such failure by WMI or its surety shall continue for a period of ten (10)
days or more following WMI's default, notice of default and dernand for performance, the Village
shall have the right, in addition to any other legal, equitable or contractual remedies available, to
continue to proceed as provided in the foregoing paragraph, or to terminate this Agreement
following notice to cure as provided for herein.
16(c). Notice of Actual or Threatened Work Stoppage. WMI shall promptly notify the
Village Manager, or his designee, as soon is reasonably possible after becoming aware of any
Page 9 of 16
actual or threatened strike or work stoppage that may interrupt the provision of garbage and refuse
or recycling or garden waste collection and disposal services under this Agreement, and shall
thereafter continue to regularly notify the Village as to the resolution of the actual or threatened
strike or work stoppage until the actual strike or work stoppage has ended or the threat of the same
has dissipated. The Village shall have the right to demand reasonable assurances that WMI will
continue to provide garbage and refuse and recycling and garden waste disposal set vices under this
Agreement notwithstanding an actual or threatened work stoppage. In the event WMI cannot
provide assurances of its continued performance satisfactory to the Village, or if garbage and
refuse or recycling or garden waste collection and disposal services under this Agreement is
interrupted as a result of an actual or threatened work stoppage, the Village shall have the right, in
its sole discretion, (a) to demand performance by WMI's surety, or (b) to employ such persons and
to purchase such material and set vices as may be necessary to provide garbage and refuse or
recycling or garden waste collection and disposal services under this contract, and to charge the
expense of such labor, materials and services to WMI, less the sum that would have been payable
to WMI under this Agreement if WMI had provided such garbage and refuse or recycling or
garden waste collection and disposal services.
17. In consideration of WMI's satisfactory performance of the services described herein,
the Village shall pay to WMI a sutra equal to the number of residential dwelling units and
condominium units at each set -vice level multiplied by the herein established prices.
Compensation to WMI shall be adjusted quarterly on the basis of increase or decrease
in the number of residential dwelling units and condominium units in the Village during the
preceding quarter. Such computation of changes in the number of residential dwelling units and
condominium units shall be made by the Village and reported in writing to WMI for its review and
approval within thirty (30) days following the close of each quarter, The changes in compensation
to WMI shall be effective as of the first day of said new quarter. It is the intention of the parties
hereto that the Village shall not compensate WMI for additional residential dwelling units and
condominium units until the beginning of a new quarterly adjustment date; nor will the amount of
monthly compensation be diminished for residential dwelling units and condominium units
demolished or disannexed until the beginning of a new quarterly adjustment rate.
Furthermore, the rates set forth herein may be adjusted from time to time based on any
change in law, rule or regulation by state, federal or local governments; or any operational cost not
reasonably foreseeable at the commencement of this Contract. The Village may reasonably require
WMI to provide sufficient evidence of such requirement for a rate adjustment.
Payment to WMI will be in the month following the month of service as soon as
practicable following the second Village Board meeting of the month.
Beginning April 1, 2011, the rates for garbage and refuse; recycling, and garden waste
collection and disposal shall be as follows:
Refuse and Garbage Service:
Single Family and Duplexes
Ix/Week, Unlimited Curbside Service: $15.95/unit/month
lx/Week, Unlimited Backdoor Service: $21.95/unit/tnonth
Each additional 35 gallon cart $2.00hnonth
Each additional 65 or 95 gallon call $2.00hnonth
Condominium Containerized Service
Page 10 of 16
$7.25/unit/month
REffe inrr Service:
Single le Family and DuD_plexes
Included in the refuse and garbage rate
Condominium Containerized Service
Included in refuse and garbage rate
Garden Waste Service:
Ix/Week: $2.50 per sticker (required on each garden waste bag or bundle of brash)
In addition to the other services described herein, WMI shall render complete service
collection and removal to all Village -owned properties (Village Hall, Cornrnunity Development,
Public Works, and the Water Reclamation Facility) without charge. This shall not include unlimited
bulk material removal or roll off service. Charges for bulk material removal and roll off service
shall be determined at the time, based on weight and type of material.
WMI shall also provide collection of recyclable materials from those properties owned
by the Deerfield Park District, Elementary School District #109, Deerfield High School, the
Deerfield Public Library, West Deerfield Township and the Deerfield Bannockburn Fire Protection
District without charge.
Beginning April 1, 2011, WMI shall provide garden waste collection at a cost of
$2.50perbag or bundle. The Contractor shall provide appropriate stickers for garden waste collection
(see Section 11 C).
WMI shall be responsible for establishing and maintaining viable markets for the
recyclable materials collected in Deerfield.
The Village is a member of the Solid Waste Agency of Lake County (SWALCO).
In the event that the Village enters into one or more agreements with SWALCO, which
necessitates payments by the Contractor to SWALCO not included in this contract at the time
of its execution, the Contractor shall be authorized to increase the monthly fees that it charges
for refuse and recycling services. Upon notice and within ninety (90) days, the Contractor shall
pay SWALCO the amount directed by the Village. The Contractor shall be able to increase the
monthly fee for refuse and recycling services it charges to recover the SWALCO payment(s)
upon approval by the Village. The Village's approval will not be unreasonably delayed or
withheld. After receipt of notice of a SWALCO agreement, the Contractor shall calculate the
additional monthly cost and present it to the Village. Upon approval by the Village, the
Contractor shall be allowed to increase the monthly fee for refuse collection and recycling
services covering all time periods for which the SWALCO payment is due to recover the cost
of the SWALCO payment.
WMI shall provide sufficient equipment and personnel to transport leaves collected by
the Village for twenty (20) operating days to a lawfully operated compost site located outside the
Village at no cost to the Village.
18. Annually on each anniversary date of the contract all prices charged by WMI for
services under this contract, shall be increased based on the increase in the Consumer
Price Index (CFI-U) for Chicago -Kenosha -Gary — All Items, for the previous twelve
(12) month period, however the adjustment made pursuant to this section shall not be
Page 11 of 16
lower than 2% or greater than 4%. The December CPI will be used annually for this
determination. . For notification and verification purposes, WMI shall notify the
Village in writing by February 15 of the annual increase and revised rates, as
calculated pursuant to this section, which increase and rates shall not take effect until
the Village approves of the proposed adjustment.
19, The provisions of this contract shall not be construed in any way to restrict or limit the
legislative discretion of the corporate authorities of the Village to arnend or repeal any
applicable provisions of the Deerfield Municipal Code of 1975, as amended, or to amend
or repeal any rule or regulation promulgated pursuant thereto. It is understood and agreed
that, in the event that Federal, state or local regulations are amended with respect to the
number and kind of residential waste containers and the location and placement thereof on
the premises by the residents preparatory to collection by WMI or any other provision
directly affecting and related to the scope and nature of the service to be provided and
rendered by WMI, which amendments demonstrably affect WMI's cost of providing and
rendering such residential waste disposal set vice, the parties hereto agree to use their best
efforts to reach agreement on an appropriate increase or decrease in the monthly billing to
the Village set forth in Paragraph 17 above to compensate WMI or the Village resident for
such change in WMI's cost of performing this contract. In the event of the failure of the
parties in such cases to agree upon an appropriate increase or decrease in the monthly
billing within thirty (30) days, either party may request, and upon such request, the
matter- of the amount of the increase or decrease in the monthly billing shall be arbitrated
by the parties before an arbitrator selected by the American Arbitration Association, and
the arbitration shall proceed in accordance with then existing riles of that Association,
The award of the arbitrator shall be final and binding upon both parties. The cost of the
arbitration shall be borne as the arbitrator may direct. It is the intention of the parties, if
occasion arises for arbitration, that the arbitration proceed with reasonable promptness and that
a determination be made without undue delay.
20. This contact is not assignable by WMI without the consent of the Village, but subject to
that restriction, shall be binding upon and inure to the benefit of the successors and assigns of WMI.
21. In the event WMI shall be adjudged bankrupt, either by voluntary or uivoluntary proceedings,
then this contract shall nnmediately terminate, and in no event shall this contact be, or be treated as, an
asset of WMI after adjudication of bankruptcy. If WMI shall become insolvent, or fail to meet its
financial obligations, then this contact may be terminated at the option of the Village upon fifteen (15)
days' written notice to WMI and, in no event shall this contact be, or be heated as an asset of WMI after
the exercise of said option. This contact is not assignable by WMI, either voluntarily or involuntarily, or
by process of law, except as above provided, and shall not be or come under the control of creditors, or
trustee, or trustees of WMI in case of bankruptcy or insolvency of WMI, but shall be subject to
termination as above provided.
22. WMI's performance of this contract shall be supervised by the Village Manager. If, at any
time during the life of this contract, performance satisfactory to the Village Manager shall not have been
trade, WMI, upon notification by the Village Manager, shall increase its work force, tools and equipment
as needed to properly perform this contract to the satisfaction of the Village Manager. The failure of the
Village Manager- to give such notification shall not relieve WMI of its obligation to perform the work at
the time and in the manner specified in this contract.
23, Where any dispute arises between the resident and WMI as to the manner of placing refuse or
the nature of the content or the like, WMI agrees in the specific instance to remove the refuse (exclusive
of that waste deerned extensive construction debris and household hazardous waste) even though, in their
opinion, it is improperly placed or contained. Thereafter, WMI will immediately report the controversy to
the Village for settlement before additional collection becomes necessary in order to avoid further
Page 12 of 16
disputes or disagreements between residents and WMI's employees.
24. WMI agrees that, should any emergency arise by reason of storm, tornadoes, cyclones or the
like which require additional hauling WMI may upon request from the Village provide additional
services beyond that which is customarily provided for herein at such rates to be determined by the parties
at the tune of need.
25. To prevent misunderstandings and litigation, the Village Manager, or his designated agent,
shall decide any and all questions which may wise concerning the quality and acceptability of the work
and services performed, the sufficiency of the perfonmance, the interpretation of the contract provisions,
and the acceptable fulfillment of the contract on the part of WMI. The Village Manager will determine
whether or not the amount, quantity, character, and quality of the work performed is satisfactory, which
determination shall be final, conclusive and binding upon both the Village and WMI and shall be issued
in writing to WMI. The Village Manager shall make such explanation as may be necessary to complete,
explain or make definite the provisions of this contract, and his findings and conclusions, when issued in
writing to WMI, shall be final and binding upon both the Village and WMI. This provision shall not be
applied in an arbitrary manner.
26. WMI shall furnish the Village Manager, or his authorized representatives, with every
reasonable opportunity for ascertaining whether or not the work as performed is in accordance with
the requirements of this contract.
WMI shall designate, in writing, the person to serve as agent to WMI and liaison
between that organization and the Village. The Village Manager may appoint qualified persons to
inspect WMI's operations, records and equipment at any reasonable time and place.
27. It is expressly agreed that, in no event, shall the Village be liable or responsible to
WMI, or any other person, on account of stoppages, strikes or other delays in the work herein
provided for, by injunction or other legal or equitable proceedings brought against WMI, or
from or by account of any delay from any cause whatsoever over which the Village has no
control.
28. WMI shall comply with all applicable laws, ordinances, rules and regulations of the
State of Illinois, Counties of Lake and Cook and the Village of Deerfield relating to
performance of the contract, use of premises and public places and safety of persons and
property, WMI shall obtain, at his own expense, all permits and licenses required by law or
ordinances and maintain the same in full force and effect.
29. It is the understanding and intention of the parties hereto that this contract shall
constitute a contract for the provisions of scavenger service; that said contract shall not
constitute a franchise.
30. WMI shall provide and distribute annually a printed, educational material, schedule
magnet or the equivalent to households served by this contract prior to the starting date of this
contract for the purpose of explaining the program. Printing and distribution of these materials shall
be at WMI's cost.
The Village shall approve the form and content of the educational material prior to its
distribution. Such materials shall be on recycled -content paper, and imprinted with the standard
recycling logo and phrase "printed on recycled paper." Such material shall be in addition to the
Village's own educational material. WMI shall furnish the Village a reasonable extra quantity of the
material, the number to be mutually detennined, for use of the Village in sending Village welcome
packets to residents establishing new occupancies in the weeks following implementation of this
program.
Page 13 of 16
A distribution of publicity for subsequent price and service changes occurring at
anniversary dates of this contract shall be the responsibility of WMI at its cost.
Upon request of the Village, and with reasonable notice, WMI shall also make
available personnel for presentations at meetings or other similar gatherings to explain the
collection program throughout the term of this contract.
31. Prior to the end of each calendar quarter throughout this contract, WMI shall return to the
Village and the Solid Waste Agency of Lake County a Collection and Disposal Report
for the materials collected during the previous quarter. The reports shall detail
garbage and refuse disposal, recycling and garden waste collection activities for
the previous quarter, including without limitation, recycling participation rate,
the amount of garbage and refuse, recyclable materials and garden waste
collected; and, the vendor purchasing or receiving the recyclables and the
facilities receiving the waste materials. Reports shall be submitted quarterly no
later than thirty (30) days following the end of the quarter.
In addition, WMI shall supply other information, as requested by the Village Manager,
which is related to WMI's performance under this contract. This information may include, but is not
limited to, an independent audit of fiscal and operating conditions pertaining to this contract, at WMI's
expense.
32. All teens and conditions of the contract are considered material, and failure to perform any
of said conditions on the part of WMI shall be considered a breach of said contract. Should WMI fail to
perform any of said terns or conditions, the Village shall notify WMI of said breach. If said breach is not
remedied or cured to the reasonable satisfaction of the Village within ten (10) business days of WMI's
receipt of such notice, the Village shall have the right to terminate the contract at the expiration of the
ten (l 0) business day period. In addition to any and all equitable and legal remedies available to the
Village in the event of a breach of this contract by WMI, the Village shall have the right to call upon the
performance bond or letter of credit as the case may be, described hereinabove, The remedies provided to
the Village herein shall be curnulative and not exclusive.
33. During the tern of this contact, WMI shall comply in all respects with the Equal
Employment Opportunity Act. WMI shall have a written equal employment opportunity policy statement
declaring that it does not discriminate on the basis of race, color religion, sex, national origin, disability or
age. Findings of noncompliance with applicable State or Federal equal employment opportunity laws and
regulations may be sufficient reason for revocation or cancellation of this contract.
The submission by WMI and each subcontractor of payrolls, or copies thereof is not
required. However, WMI and each subcontractor shall preserve their weekly payroll records for a period
of three (3) years from the date of completion of this contract.
If the Department of Labor revises the prevailing late of hourly rates to be paid by the
public body, the revised rate, as provided by the public body, shall apply to this contract.
34. The invalidity of one or more of the phrases, sentences, clauses, or subsections contained in
the contract shall not affect the validity of the remaining portion of this contract so long as the material
purposes of this contract can be detennined and effectuated.
35. Confidentiality Provision.
(1) The Village shall keep confidential and not disclose any proprietary
information obtained from WMI.
(2) The Village shall not disclose without the prior consent by, or
permission of, WMI (other than to the Village's officers, employees
Page 14 of 16
or counsel) any proprietary information acquired by the Village by
virtue of this agreement, including the fact that proprietary infonmation has
been made available to the Village, provided that the Village may disclose any
such information:
(a) as may be required or appropriate in any report, statement or
testimony submitted to any municipal, state federal
administrative or regulatory body having or claiming to have
jurisdiction over WMI;
(b) as may be required or appropriate in response to any summons
or subpoena or in connection with any litigation, provided,
however, the Village shall notify VfMI of the Village's receipt
of the sunnnons or subpoena regarding proprietary information
as soon as practicable in order to allow VdMI an opportunity to
enjoin such disclosure; and
(c) in order to comply with any taw, order, regulations or ruling
applicable to the Village, provided, however, the Village shall
notify VIM of the Village's legal requirement to disclose
proprietary infonmation as soon as practicable in order to allow
VVM an opportunity to enjoni such disclosure.
(3) The Village further agrees that it will disclose the proprietary
information referred to above only to those of the Village's officers,
employees or counsel who shall reasonably need to know such
information in order to evaluate, make decisions and render advice in
connection with this agreement and who are informed of the confidential
nature of such proprietary information and agree to be bound by this
agreement.
(4) The Village agrees that, upon demand; it will return to WMI
all proprietary information received from AM and all copies
thereof made by the Village.
(5) 'The Village hither agrees that the Village shall utilize the proprietary
information which the Village has received or may hereafter receive
from WMI solely for the purposes of this agreement and fu thennore
such proprietary infonmation shall not be utilized for the benefit of any
other person or entity other than the Village.
(6) Anything herein to the contrary notwithstanding, proprietary
information shall not include:
(1) information known to the Village prior to its disclosure by WMI as proved by
written evidence submitted to WMI;
(2) information made public through sources other than the Village without
breach of any confidentiality agreement;
(3) information in general use by competitors of WMI; and
Page 15 of 16
(4) information which is now in the public domain or hereafter comes into the
public domain without any fault of the Village.
(7) The Village will comply with the above except as required by the
Freedom of Information Act.
IN WITNESS WHEREOF, the parties hereto have executed tivs contract:
VILLAGE OF DEERFIELD
/f
By:�fi1i,C
Attest:! �I t�.d f�{�l-t�hn-
L1 �;
Its To V ii_.k
Attest:
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WASTE MANAGEMENT OF ILLINOIS,
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