R-95-16RESOLUTION NO. 0 -95 -16
RESOLUTION ACCEPTING PROPOSAL FOR
VILLAGE -WIDE SINGLE FAMILY RESIDENTIAL REFUSE PICK -UP
WHEREAS, the Village of Deerfield is an Illinois
Municipality exercising home rule powers pursuant to Article VII,
Section 6 of the Illinois Constitution of 1970;
WHEREAS, pursuant to the forementioned home rule powers the
Village of Deerfield has solicited proposals from refusal
disposal service companies to provide refuse disposal service for
single family residential properties within the Village of
Deerfield, pursuant to certain terms and conditions as described
in a request for proposal; and
WHEREAS, the Corporate Authorities of the Village of
Deerfield have reviewed and evaluated the proposals submitted by
each of the refusal disposal service providers in view of
specific needs and best interests of the residents of the Village
of Deerfield.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Deerfield, Lake and Cook Counties,
Illinois as follows:
SECTION That the single family residential refusal
ONE: disposal service proposal and Supplemental
Addendum submitted to the Village of Deerfield by Laidlaw, Inc.
is hereby accepted by the Village of Deerfield in accordance with
the terms and provisions set forth therein and as attached hereto
as Exhibit "A ".
SECTION That the Village President and the Village Clerk
TWO: be directed to execute for and on behalf of the
Village of Deerfield any documentation required to effectuate
the purposes of this Resolution and to complete the acceptance of
the proposal described above.
RESOLUTION NO. 0 -95 -16
RESOLUTION ACCEPTING PROPOSAL FOR
VILLAGE -WIDE SINGLE FAMILY RESIDENTIAL REFUSE PICK -UP
SECTION That this Resolution shall be in full force and
THREE: from and after its passage and approval in the
manner provided by law.
AYES: Ehlers, Heuf
NAYS: None (0)
ABSENT: Swanson (1)
PASSED this 2nd
APPROVED this 2nd
V GE CLERK
JKS \63062.1 9/29/95
,erger, Rosenthal, Seidman, Swartz (5)
day of October , A.D., 1995.
day of October , A.D., 1995
ILLAGE PRESIDENT
VILLAGE OF DEERFIELD
RESIDENTIAL SCAVENGER SERVICE CONTRACT
This Contract entered into this ..:14D day of oc—TO& , , 1995, between
the Village of Deerfield, an Illinois Municipal Corporation ( "Deerfield ") and
Laidlaw Waste Systems, Inc. ( "Laidlaw ").
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This contract shall be for the period, commencing October 1, 1995 and
ending December 31, 2000.
DEFINITIONS
1. Garbage shall mean all animal and vegetable waste and all
putrescible matter.
2. Refuse shall mean all combustible trash including, but not limited
to, paper, cartons, boxes, magazines, ashes and cinders, suitable for deposit in a
container as specified below, 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.
3. Yard Waste shall mean all yard trimmings, grass, leaves and similar
materials suitable for deposit in yard waste containers as specified below. Yard
waste shall include those branches and /or brush which can be loosely packed in
yard waste containers as specified herein.
4. Miscellaneous Waste shall mean all waste materials of a size which
render them unsuitable for deposit in a refuse or yard waste container including,
but not limited to, furniture and appliances.
5. Construction Debris shall include, but not be limited to, wood,
concrete, lumber and bricks.
6. Residential Dwellings shall be defined as single and multi - family
dwellings not exceeding two dwellings.
7. Recyclable Materials shall mean materials which can be removed
from refuse and recycled, including newsprint, magazines, catalogs, mixed paper,
corrugated cardboard, chipboard, aluminum and other types of cans and formed
containers, glass bottlers, plastics coded #1 - #7, and other items mutually agreed
to by Deerfield and Laidlaw.
CONTAINER SPECIFICATIONS
1. The containers of garbage and refuse as required in the Deerfield
Municipal Code shall be: of durable metal or plastic material, watertight, and
equipped with a tight- fitting cover and with handles suitable for lifting by one (1)
person.
2. No garbage or refuse container shall have a capacity of less than ten
(10) gallons nor more than thirty -two (32) gallons, except that containers made of
plastic material may have a capacity of forty -five (45) gallons.
3. Yard waste shall be placed in paper bags approved by Deerfield.
4. Recyclable materials shall be placed in containers approved by
Deerfield. Additional materials may be placed directly adjacent to the filled
container.
5. Only containers complying with the above specifications for garbage
and refuse, yard waste and recyclable materials respectively may be utilized.
CONTAINER LOCATION
1. All containers for garbage and refuse shall be kept in the rear of
residential premises or in the garage where such garage is located at the front of
the residence. If the containers are stored in the garage, they must be placed, by
the resident, outside the garage for collection.
2. All yard waste, miscellaneous waste and recyclables shall be placed,
by the resident, for collection at the curb. On streets with conventional curbs,
containers shall be placed behind the curb. For streets without curbs, containers
shall be placed no closer than two (2) feet nor further than five (5) feet from the
parkway adjacent to the pavement.
DESCRIPTION OF SERVICE
1. Laidlaw shall furnish a complete service for the collection and
disposal of all garbage, refuse, yard waste, recyclable materials and miscellaneous
waste (as those terms are defined in the Deerfield Municipal Code, of 1975, as
amended, and as it may hereafter be amended) from all residential dwellings as
defined in this contract. Laidlaw may also service those multi - family units and
industrial premises in the village requesting and contracting separately for such
service at separately negotiated rates.
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2. Laidlaw agrees that at each residential dwelling it will collect, at the
curb, bagged yard wastes (including leaves) in unlimited amounts, on a weekly
basis from April 1 to December 15th. In addition, Laidlaw shall collect weekly, in
unlimited amounts, tied bundles of brush consisting of yard trimmings, tree and
flower stalks and similar materials not suitable for deposit in yard waste
containers, as long as said bundles do not exceed four (4) feet in length and thirty
(30) inches in circumference. Two additional collections will be provided for
organic holiday decorations each January.
3. Laidlaw agrees that at each residential dwelling 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 appliances, furniture, cabinets,
lumber, boards no longer than three (3) feet in length which have been tied
securely, and similar items, except extensive construction debris which Laidlaw,
upon request of the occupant of any residential unit, shall collect and remove, at
reasonable rates mutually agreed upon, provided that Deerfield reserves the right
from time to time to fix the maximum charges for such service and to determine
reasonably whether any waste constitutes extensive construction debris rather than
miscellaneous waste subject to ordinary collection.
4. Laidlaw agrees that collection of garbage and refuse shall be made
from each residential dwelling in the village, without limitation to the number of
containers at each dwelling, at least twice a week, at approximately equal
intervals, on regularly maintained routes, and according to a fixed schedule, which
routes and schedules shall be subject to approval by Deerfield; proeided that
Laidlaw shall furnish once a week collection and removal service to residential
dwellings in which those who reside request such limited service; provided further
that Laidlaw shall not be obligated on any weekly collection to remove more than
two (2) residential containers of garbage or refuse from such premises requesting
once a week service. If residential dwellings receiving once a week exceed the
container limitations herein specified, Laidlaw shall forthwith notify Deerfield.
5. Laidlaw agrees that the collection of recyclable materials shall be
made from each residential dwelling in the village at least once each week on
regularly maintained routes and according to a fixed schedule, which routes and
schedules shall be subject to approval by Deerfield.
6. All recyclable materials collected shall be removed from the village
at the close of each day of collection and transported to the designated processing
center or market at Laidlaw's sole expense. Laidlaw, at no charge to Deerfield or
its customers, shall make available eighteen (18) gallon recycling bins that meet
Deerfield specifications to new customers. Laidlaw will also replace lost or
damaged bins and supply bins to those needing more capacity provided that the
residential customer can justify the need to the Village. Laidlaw agrees that the
landfilling of any recyclable commodities originating from Deerfield is prohibited,
and that any violation of this provision shall be considered a breach of said
contract.
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7. All garbage and refuse shall be removed from the village at the
close of each day of collection and shall be disposed of at lawfully operated
sanitary landfill sites located outside the village and at Laidlaw's sole expense.
Laidlaw warrants that sufficient sites for the disposal of said waste will be
available to Laidlaw during the full term of this contract.
8. The services to be rendered by Laidlaw hereunder shall be
performed in an orderly, efficient and workmanlike manner. Laidlaw shall not
litter premises in the process of making collections nor allow any refuse to blow at
all from any vehicle used for collections. Laidlaw shall repair or replace, at its
expense, containers damaged as a result of its handling thereof, reasonable wear
and tear excepted. Laidlaw shall replace lids or covers on containers immediately
after emptying.
NON - SINGLE FAMILY RESIDENTIAL SERVICE
Laidlaw may offer to make available to commercial, industrial and multi-
family residences in the village a complete waste collection and removal service at
rates which shall be competitive with others rendering similar service. It is
understood and agreed that Laidlaw shall be the sole scavenger rendering waste
collection and removal service to residential dwellings in the village, but that
Deerfield may license others to render such service to commercial, industrial and
multi - family residences in the village.
HOLIDAY SCHEDULE
Laidlaw 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, service will be delayed
one day.
EQUIPMENT
1. Laidlaw shall furnish a complete list of the vehicles to be used in
servicing this contract. With due consideration given seasonal adjustments,
Laidlaw agrees on a typical collection day to deploy twenty nine (29) vehicles
(thirteen [13] on Tuesday and sixteen [16] on Friday) to service the village. Upon
request of Deerfield, Laidlaw shall demonstrate that collection equipment is
suitable for the materials -to be collected. Laidlaw shall notify Deerfield if there
is any change in the number of vehicles being used. All vehicles shall be
maintained in good working order and appearance, free of rust, and shall be clean
at the start of each collection day. No vehicle shall be operated on village streets
which leaks "any fluids from the engine or compacting mechanism. In the event
that any vehicle is not properly operable, a conforming substitute vehicle shall
immediately be provided that complies with the terms herein. All vehicles shall
display the name of Laidlaw, a local phone number, and a vehicle identification
number that is clearly visible on both sides.
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2. All vehicles shall be fully enclosed, leak -proof and operated in such
a way that no refuse, recyclable, or yard waste leaks, spills, or blows off the
vehicles. Should any refuse, recyclable, or yard waste leak, spill, or blow off a
vehicle, Laidlaw 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 Deerfield, Deerfield may clean up same and bill the cost to Laidlaw 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 Deerfield, in addition to yearly
inspection requirements of Laidlaw's annual business license(s).
3. Refuse, recyclable materials, and yard waste shall each be collected
*in separate vehicles and shall not be commingled. Laidlaw shall use exclusively
modern, enclosed leakproof; packer type disposal truck bodies for all residential
garbage, refuse and yard waste disposal service and for all commercial, industrial
and multi - family residences for disposal service involving food waste. All
equipment used for transportation of garbage of any kind shall be watertight and
equipped with covers. Laidlaw shall furnish courteous, neat and competent
employees and shall prohibit any drinking of alcoholic beverages by its drivers and
crew members while in the performance of this contract. The gross weight of any
collection vehicle used in the village shall not exceed a gross weight of 54,000
pounds.
SERVICE HOURS
Residents must have containers out and available for pickup by 7:00 A.M.
on Tuesdays and Fridays. Laidlaw shall not begin service 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.
MISSED SERVICE
1. Laidlaw. Shall be responsible for maintaining a phone system that
allows for prompt and immediate response to residents' requests for service. In
addition to regular weekday phone service, Laidlaw agrees to assign personnel on
Saturday mornings until 11:00 A.M. to receive complaints for missed collections
on the previous Friday.
2. Laidlaw agrees to respond to complaints of missed service on the
same day the complaint is received but, in no case, later than 5:00 P.M. on the
day following the regular pickup day. If service is not rendered within that
period, Deerfield shall subtract $25 from the monthly bill paid Laidlaw for each
dwelling missed during that billing period.
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STORM RELATED SERVICE
Laidlaw agrees that, should any emergency arise by reason of storm,
tornadoes, cyclones or the like which require additional hauling equipment in
Deerfield, its equipment shall be placed at the disposal of Deerfield upon request
for such temporary use, providing that during such use, Deerfield shall pay the
operating cost of such equipment or labor as is used.
INSURANCE
1. Throughout the term of this contract, Laidlaw shall purchase from
and maintain in a company or companies lawfully authorized to do. business in
Illinois and which receive the written approval of Deerfield, such insurance as will
protect Laidlaw and Deerfield from claims set forth below which may arise out of
or result from Laidlaw's operations under the contract and for which Laidlaw
may be legally liable, whether such operations be by Laidlaw or its sub - contractor
or by anyone directly or indirectly employed by them, or .by anyone for whose acts
any of them may be liable:
(a) Claims under worker's or workman's compensation, disability
benefit or other similar employee benefit acts which are applicable
to the work to be performed.
(b) Claims for damages because of bodily injury, occupational sickness
or disease, or death of any person other than Laidlaw's employees.
(c) Claims for damages because of bodily injury, sickness or disease, or
death of any person other than Laidlaw's employees.
(d) Claims or damages insured by usual personal injury liability coverage
which are sustained (1) by a person as a result of an offense directly
or indirectly related to employment of such person by Laidlaw, or
(2) by another person.
(e) Claims for damages because of injury to our destruction of tangible
property, including loss of use resulting therefrom.
(f) Claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of
motor vehicle.
2. The insurance required above shall be written for not less than the
limits of liability set forth below:
(a) The limits for workers' compensation insurance shall be according
to the limits set forth in the Illinois statutes during the term of this
contract.
T
(b) Limits of Public Liability /General Liability /Auto Liability Insurance
shall not be less than $1 million for injuries, including death, to any
person and not less than $2 million for each accident.
(c) Property Damage Insurance shall not be less than $100,000.
(d) Laidlaw agrees to provide an umbrella coverage over and above all
individual coverage's of not less than $10 million, insuring both
Laidlaw and Deerfield. All insurance policies required by this
contract shall be on an occurrence basis.
3. Laidlaw shall indemnify Deerfield and save it harmless against and
from all loss, damage, expense, liability or claim of liability, including attorneys'
fees, arising out of performance by Laidlaw to this contract. Laidlaw's insurance
shall include contractual coverage for foregoing "hold harmless" Agreement.
Laidlaw shall furnish to Deerfield Certificates of Insurance evidencing that the
insurance provided for herein is maintained by Laidlaw. Such Certificates of
Insurance and the Insurance Policies shall name Deerfield, its officers, employees,
agents and assigns specifically as additional insureds under each policy. Such
Certificates of Insurance shall state that the coverage afforded the additional
insureds shall be the primary insurance of the additional insureds with respect to
claims arising out of operations performed by and on behalf of Laidlaw. If the
additional insureds have other insurance that is applicable to the loss, it shall be
on an excess or contingent basis. The amount of the company's liability under
this policy shall not be reduced by the existence of such other insurance. All
insurance described in this paragraph shall be non - cancelable except upon thirty
(30) days written notice to Deerfield. Cancellation or reduction shall not relieve
Laidlaw of its duty to provide the required coverage.
PERFORMANCE BOND
1. Upon execution of the contract, Laidlaw shall furnish a surety bond
in the penal sum of $500,000, conditioned upon the faithful performance by
Laidlaw of its obligations under this contract and on its full compliance with the
laws of the State of Illinois and ordinances and regulations of Deerfield, and said
bond shall indemnify Deerfield against any loss resulting from any breach or
failure of performance by Laidlaw. The surety on said bond shall have at least a
AAAA financial rating in the most recent edition of Best's Insurance Reports.
2. Laidlaw may, at its option, in lieu of the above required performance
bond, deposit with Deerfield a cash deposit of $500,000, or a $500,000 Certificate
of Deposit in such form as is acceptable to Deerfield.
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3. In the event that the term of the surety bond does not extend for the
full term of the contract, Laidlaw 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 Deerfield to be indemnified pursuant to said surety bond.
PAYMENT SCHEDULE
1. In consideration of Laidlaw's satisfactory performance of the services
described herein, Deerfield shall pay to Laidlaw a sum equal to the number of
units at each service level multiplied by the herein established prices.
2. Compensation to Laidlaw shall be adjusted quarterly on the basis of
increase or decrease in the number of residential dwellings in the village during
the preceding quarter. Such computation of changes in the number of residential
dwellings shall be made by Deerfield and reported in writing to Laidlaw for its
review and approval within thirty (30) days following the close of each quarter.
The changes in compensation to Laidlaw shall be effective as of the first day of
said new quarter. It is the intention of the parties hereto that Deerfield shall not
compensate Laidlaw for additional residential dwellings until the beginning of a
new quarterly adjustment date; nor will the amount of monthly compensation be
diminished for residential dwellings demolished or disannexed until the beginning
of a new quarterly adjustment rate.
3. Payment to Laidlaw will be in the month following the month of
service as soon as practicable following the second Village Board meeting of the
month. Service charges shall be defined as the collection and transportation of
refuse. Disposal charges shall be defined as those costs associated with tipping
fees. The monthly rates for residential garbage and refuse disposal service shall
be adjusted as follows:
RATES
1. Beginning January 1, 1996, the monthly rate for garbage and refuse
collection /disposal shall be $8.71 for once a week service and $12.12 for twice a
week service. The monthly rate for recycling service shall be $3.00 for once a
week.
2. In addition to the other services described herein, Laidlaw shall
render complete service collection and removal to all Deerfield -owned properties
and the Deerfield Library without charge. Laidlaw 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.
�-O
3. Beginning January 1, 1996, Laidlaw shall provide yard waste
collection through the sale and use of a prepared sticker to residents, the
proceeds of which shall be used to reimburse Laidlaw for the cost of yard waste
collection and disposal. The cost of the sticker shall be $1.25. One sticker shall
be applied to each Kraft bag used for yard waste, provided the bags do not exceed
a weight of sixty (60) pounds. Laidlaw shall bear all costs associated with the
marketing and implementation of the new sticker /generic bag yard waste
program.
4. Laidlaw shall be responsible for establishing and maintaining viable
markets for the recyclable materials collected in Deerfield. Laidlaw agrees to
return twenty -five percent (25 %) of the gross receipts for such recyclables to
Deerfield no later than thirty (30) days after receipt. Laidlaw shall use its best
efforts to ascertain the highest market value for the recyclables. In no event, shall
the gross unit value for materials collected in Deerfield be less than the gross unit
value received by Laidlaw for materials it collects in any other municipality.
5. Deerfield will provide a four week Fall Leaf Pickup Program
commencing each year in October and ending prior to Thanksgiving. Laidlaw, at
its costs, shall provide sufficient equipment and personnel to transport leaves
collected by Deerfield for twenty (20) operating days to a lawfully operated
compost site located outside the village. Deerfield shall pay the disposal costs for
said service. Beginning January 1, 1996, Laidlaw shall assume the cost of,
transporting and disposing of leaves collected during Deerfield's Fall Leaf Pickup
Program.
6. On January 1, 1997 and each January 1 thereafter, the service charge
shall be adjusted as follows:
(a) The collection charge ($5.32 per month for once a week service and
$7.42 per month for twice a week service) may be increased based
on seventy -five percent (75 %) of the increase in the Consumer Price
Index for the previous twelve (12) month period.
(b) The disposal charge ($3.39 per month for once a week service and
$4.70 per month for twice a week service) may be increased based
on one hundred percent (100 %) of the percentage change in the per
yard disposal cost from the previous January 1st charged at the
Countryside Landfill, Grayslake, Illinois.
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ARBITRATION
The provisions of this contract shall not be construed in any way to restrict
or limit the legislative discretion of the corporate authorities of Deerfield to
amend 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 Laidlaw or any other
provision directly affecting and related to the scope and nature of the service to
be provided and rendered by Laidlaw, which amendments demonstrably affect
Laidlaw's cost of providing and rendering such residential waste disposal service,
the parties hereto agree to use their best efforts to reach agreement on an
appropriate increase or decrease in the monthly billing to Deerfield set forth
above to compensate Laidlaw or Deerfield resident for such change in Laidlaw'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 rules 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.
NON - ASSIGNABLE CONTRACT
This contract is not assignable by Laidlaw without the consent of Deerfield,
but subject to that restriction, shall be binding upon and inure to the benefit of
the successors and assigns of Laidlaw.
BANKRUPTCY
In the event Laidlaw shall be adjudged bankrupt, either by voluntary or
involuntary proceedings, then this contract shall immediately terminate, and in no
event shall this contract be, or be treated as an asset of Laidlaw after adjudication .
of bankruptcy. If Laidlaw shall become insolvent, or fail to meet its financial
obligations, then this contract may be terminated at the option of Deerfield upon
fifteen (15) days' written notice to Laidlaw and, in no event shall this contract be,
or be treated as an asset of Laidlaw after the exercise of said option. This
contract is not assignable by Laidlaw, 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 Laidlaw in case of bankruptcy or
insolvency of Laidlaw, but shall be subject to termination as above provided.
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CONTRACT PERFORMANCE
1. Laidlaw'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 made, Laidlaw, upon
notification by the Village Manager, shall consider increasing its work force, tools
and equipment as needed to properly perform this contract. The failure of the
Village Manager to give such notification shall not relieve Laidlaw of its
obligation to perform the work at the time and in the manner specified in this
contract.
2. Where any dispute arises between a resident and Laidlaw as to the
manner of placing refuse or the nature of the content or the like, Laidlaw agrees
in the specific instance to remove the refuse even though, in its opinion, it is
improperly placed or contained. Thereafter, Laidlaw will immediately report the
controversy to Deerfield for settlement before additional collection becomes
necessary in order to avoid further disputes or disagreements between residents
and Laidlaw's employees.
3. To prevent misunderstandings and litigation, the Village Manager, or
his designated agent, shall decide any and all questions which may arise
concerning the quality and acceptability of the work and services performed, the
sufficiency of the performance, the interpretation of the contract provisions, and
the acceptable fulfillment of the contract on the part of Laidlaw. 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 Deerfield and Laidlaw and shall be issued in
writing to Laidlaw. 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 Laidlaw, shall be final
and binding upon both Deerfield and Laidlaw. This provision shall not be applied
in an arbitrary manner.
4. Laidlaw shall furnish the Village Manager with every reasonable
opportunity for ascertaining whether or not the work as performed is in
accordance with the requirements of this contract.
5. Laidlaw shall designate, in writing, the person to serve as agent to
Laidlaw and liaison between its organization and Deerfield. The Village Manager
may appoint qualified persons to inspect Laidlaw's operations, records and
equipment at any reasonable time and place.
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LIABILITY
It is expressly agreed that, in no event, shall Deerfield be liable or
responsible to Laidlaw, or any other person, on account of stoppages or delays in
the work herein provided for, by injunction or other legal or equitable
proceedings brought against Laidlaw, or from or by account of any delay from any
cause whatsoever over which Deerfield has no control.
LEGAL COMPLIANCE
1. Laidlaw 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. Laidlaw shall obtain, at its own
expense, all permits and licenses required by law or ordinances and maintain the
same in full force and effect.
2. It is the understanding and intention of the parties hereto that this
contract shall constitute a contract for the provisions of scavenger service, and
that said contract shall not constitute a franchise.
MULTI - FAMILY RECYCLING
1. Laidlaw agrees to work with Deerfield in reviewing options for
implementing a recycling program for multi - family residences within the village.
Provided there is agreement between Laidlaw and Deerfield on a recycling
program, both parties are agreeable to amending this contract to incorporate the
specifics of said recycling program.
2. Laidlaw shall provide 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. Such
materials shall be provided at Laidlaw's own cost.
3. Deerfield 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 Deerfield's own educational
material. Deerfield agrees to consult with Laidlaw in the preparation of the text
of the village material. Laidlaw shall furnish Deerfield a reasonable extra
quantity of the material, the number to be mutually determined, for use of
Deerfield in sending Deerfield welcome packets to new residents in the weeks
following implementation of this program.
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PUBLIC INFORMATION
1. A distribution of publicity for subsequent price and service changes
occurring at anniversary dates of this contract shall be the responsibility of
Laidlaw at its cost.
2. Upon request by Deerfield, and with reasonable notice, Laidlaw
shall also make available personnel for presentations at meetings or other similar
gatherings to explain the collection program throughout the term of this contract.
MONTHLY REPORTS
1. Prior to the end of each month throughout this contract, Laidlaw
shall return to Deerfield a Collection and Disposal Report for the materials
collected during the previous month, and make available a copy to the Solid
Waste Agency of Lake County. Said report shall show monthly and annual
comparisons of the following variables: recycling household participation rates;
material collection weight by item and revenues generated per item; cubic yards
of compost; cubic yards of refuse; and total cubic yards of material. Should
Laidlaw fail to provide the Collection and Disposal Report, and /or the 25% of
the gross material revenue, as included herein, within thirty (30) days of the
previous month, Laidlaw shall pay an additional 5% of the gross material
revenue for each month Laidlaw is in arrearage to Deerfield.
2. In addition, Laidlaw shall supply other information, as requested by
the Village Manager, that is related to Laidlaw'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 Laidlaw's expense.
REMEDIES
All terms and conditions of the contract are considered material and
failure to perform any of said conditions on the part of Laidlaw shall be
considered a breach of said contract. Should Laidlaw fail to perform any of said
terms or conditions, Deerfield shall have the right to terminate the contract only
after ten (10) days' written notice to Laidlaw of the violation within said time. In
addition to any and all equitable and legal remedies available to Deerfield in the
event of a breach of this contract by Laidlaw, Deerfield shall have the right to call
upon the performance bond described hereinabove. The Village Manager, at his
discretion, shall have the right to hold an amount from the monthly payment to
Laidlaw, equal to the damages suffered, until any and all violations of the contract
are corrected. The remedies provided to Deerfield herein shall be cumulative
and not exclusive.
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EMPLOYMENT
1. During the term of this contract, Laidlaw shall comply in all respects
with the Equal Employment Opportunity Act. Laidlaw 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.
2. The submission by Laidlaw and each subcontractor of payrolls, or
copies thereof, is not required. However, Laidlaw and each subcontractor shall
preserve their weekly payroll records for 'a period of three (3) years from the date
of completion of this contract.
3. If the Department of Labor revises the prevailing rate of hourly rates
to be paid by the public body, the revised rate, as provided by the public body, shall
apply to this contract.
SEVERABILITY
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
determined and effectuated.
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IN WITNESS WHEREOF, the parties hereto have executed this contract:
ATTEST:
ATTEST:
VILLAGE OF DEERFIELD
By:
Village President
LAIDLAW WASTE SYSTEMS, INC.
By:
t
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