R-01-09VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
RESOLUTION NO. R- 01- 0 9
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND
THE SOLID WASTE AGENCY OF LAKE COUNTY, ILLINOIS
WHEREAS, the Village of Deerfield is a member of the Solid Waste Agency of Lake
County, Illinois; and,
WHEREAS, the Solid Waste Agency of Lake County was organized, among other
things, to implement the Lake County Solid Waste Management Plan as adopted by the Lake
County Board and amended from time to time; and,
WHEREAS, the Solid Waste Agency of Lake County, in furtherance of the Lake County
Solid Waste Management Plan, has established a Commercial Recycling Pilot Program to
encourage commercial recycling within commercial areas of member municipalities; and,
WHEREAS, the Village of Deerfield and the Solid Waste Agency of Lake County,
Illinois desire to implement' a commercial recycling pilot program in the Deerfield Business
District of the Village of Deerfield pursuant to the terms of the Intergovernmental Agreement
attached hereto and made a part hereof as Exhibit A;
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 Board of Trustees of the Village of Deerfield hereby approve
participation in a commercial recycling pilot program for the central business district of the
Village of Deerfield pursuant to the Intergovernmental Agreement between the Village of
Deerfield and the Solid Waste Agency of Lake County, Illinois, attached hereto and incorporated
herein as Exhibit A.
SECTION 2: That the Village President and the Clerk of the Village of Deerfield be and
they are hereby authorized and directed to respectively execute and attest said Intergovemmental
Agreement between the Village of Deerfield and the Solid Waste Agency of Lake County, Illinois.
SECTION 3: That this Resolution shall be in full force and effect from and after its
passage, and approval as provided by law.
PASSED this 15th day of� October , 2001.
AYES: Ragona, Rosehthal, Seiden, Swanson, Wylie (5)
NAYS: Kayne (1)
INTERGOVERNMENTAL AGREEMENT
VILLAGE OF DEERFIELD AND
THE SOLID WASTE AGENCY OF LAKE COUNTY, ILLINOIS
THIS AGREEMENT entered into this 27`h day of September, 2001, by and between the
Village of Deerfield, Illinois (VILLAGE) and the Solid Waste Agency of Lake County, Illinois
(AGENCY).
WITNESSETH:
WHEREAS, the VILLAGE is a unit of local government organized and existing under the laws of
the State of Illinois; and
WHEREAS, the AGENCY is a municipal corporation and public body politic and corporate of the
State of Illinois which was created by Intergovernmental Agreement pursuant to Section 3.2 of the
Intergovernmental Cooperation Act, 4 ILCS 220/3.2 and Article VII, Section 10 of the 1970 Constitution of
the State of Illinois; and
WHEREAS, one of the purposes of the AGENCY is to implement the Lake County Solid Waste
Management Plan (PLAN) as adopted by the Lake County Board on September 12, 1989 and amended
from time to time thereafter; and
WHEREAS, the VILLAGE is a member of the AGENCY and adopted an ordinance duly
authorizing its membership in the AGENCY; and
WHEREAS, the AGENCY is authorized by the Intergovernmental Cooperation Act to plan,
construct, reconstruct, acquire, own, lease, equip, extend, improve, manage, operate, maintain, repair, close
and finance waste projects; and
WHEREAS, the AGENCY approved the establishment of a Commercial Recycling Pilot Program;
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WHEREAS, the VILLAGE submitted a Statement of Interest to collect commercial recyclables
from VILLAGE'S business district; and
WHEREAS, the AGENCY approved Phase I of the VILLAGE'S Statement of Interest as part of
the Commercial Recycling Pilot Program; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
obligations expressed herein and other good and valuable consideration, the sufficiency, adequacy and
receipt of which are hereby acknowledged, IT IS HEREBY AGREED by and between the parties as
follows:
SECTION 1. Incorporation of Recitals. The parties agree that the recitals have been incorporated by
reference into the test of the Agreement as if fully set forth herein.
SECTION 2. Definitions.
A. "Commingled Recyclables" means source separated, commingled and/or pre -sorted
materials consisting of ferrous metal cans, aluminum containers, glass and plastic, which
shall include HDPE, PET containers, and plastics 3,4,5 and 7, and may include other
materials that the parties by mutual agreement may designate from time to time.
B. "Paper Recyclables" means source separated, commingled and/or pre -sorted paper
products consisting of newsprint, corrugated paper, junk mail, magazines, office paper,
boxboard, and other materials which the parties may designate from time to time.
C. "Recyclable Material or Recyclables" means Commingled Recyclables and/or Paper
Recyclables, or other materials, which the parties by mutual agreement may designate as
Recyclable Material from time to time.
D. "Deerfield Business District" means that portion of the Village of Deerfield as defined by
the Village's Statement of Interest and as attached hereto as Exhibit A.
SECTION 3. AGENCY Responsibilities:
A. Develop, print and distribute, announcement letter and response forms (providing postage
as necessary), for the businesses located in the business district commonly referred to as
the Deerfield Business District consisting of approximately 50 businesses.
B. Develop all materials used in conjunction with the initial contact meetings.
C. Conduct the initial contact meetings.
D. Negotiate an Agreement to acquire Recyclable Material collection service from qualified
haulers for a two year period.
E. Contract for a two year period, the collection of Recyclable Materials from the Deerfield
Business as described by the VILLAGE'S Phase I Statement of Interest.
Within thirty (30) days of the first anniversary of the award of the-contract for the
collection of Recyclable Materials, begin Invoicing the VILLAGE for the cost of the
second year's collection services, on a monthly basis.
G. Provide quarterly reports to the VILLAGE on the quantity of Recyclable Materials
collected within the VILLAGE.
H. Indemnify, and hold harmless the VILLAGE, and their respective officers, employees,
and agents from and against all liabilities, actions, damages, claims, demands, judgments,
losses, costs, expenses, suits, or actions and reasonable attorneys' fees and defend the
indemnified parties in any suit, including appeals, for personal injury to, or death of, any
person or persons, or for loss or damage to property, including the execution and
performance of this Agreement. The AGENCY is not, however, required to protect,
indemnify or hold harmless any indemnified party for loss or claim resulting from
performance (or non performance) of the indemnified party's obligations or the
negligence or willful misconduct of any indemnified party. The AGENCY'S aforesaid
indemnity is for the exclusive benefit of the indemnified parties and in no event shall
such indemnity inure to the benefit of any third person.
SECTION 4. VILLAGE Responsibilities:
A. Develop the program announcement letter for distribution to businesses.
B. Assist in distributing the recycling bins and educational materials to the program
participants.
C. Coordinate the storage of recycling bins prior to distribution.
D. Provide funding for Recyclable Material collection for the second twelve month period.
2
E. Reimburse the AGENCY for the second year cost of the collection of Recyclable
Material.
F. Indemnify, and hold harmless the AGENCY, Members, and their respective officers,
employees, and agents from and against all liabilities, actions, damages, claims, demands,
judgments, losses, costs, expenses, suits, or actions and reasonable attorneys' fees and
defend and indemnified parties in any suit, including appeals, for personal injury to, or
death of, any person or persons, or for loss or damage to property, including the
execution and performance of this Agreement. The VILLAGE is not, however, required
to protect, indemnify or hold harmless any indemnified party for loss or claim resulting
from performance (or nonperformance) of the indemnified party's obligations or the
negligence or willful misconduct of any indemnified party. The VILLAGE'S aforesaid
indemnity is for the exclusive benefit of the indemnified parties and in no event shall
such indemnity inure to the benefit of any third person.
SECTION 5. Term. The term of this Agreement shall begin upon the execution of this Agreement and
shall remain in full force and effect for twenty-four months concurrent with a contract to
collect recyclables.
SECTION 6. Entire Agreement: Modification. This Agreement contains the entire understanding of
the parties with respect to the subject matter hereof and all prior or contemporaneous
agreements, understanding, representations and statements, oral or written, are merged
herein. This Agreement may be modified only by written instrument executed by the
parties.
SECTION 7. Waiver. No consent or waiver, express or implied, as to any provisions of this
Agreement shall constitute a consent or waiver of any other provisions, whether similar
or dissimilar, of this Agreement.
SECTION 8. Captions. The captions of this Agreement are inserted for convenience of reference only,
and do not define, describe, or limit the scope or intent of this Agreement.
SECTION 9. Notices. Notices to the parties shall be in writing and delivered by personal service or by
U.S. certified or registered mail, postage prepaid, to the parties at the following
addresses:
If to the Agency:
Chairperson
Solid Waste Agency of Lake County, Illinois
1300 North Skokie Highway, #103
Gurnee, IL 60031
If to the Village:
Village Mayor
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Either party may change the address for notices to such party by written notice to the other. Notice given
by personal service shall be effective upon the date delivered, if delivered, or the date of attempted
delivery, if refused. Notice given by mail shall be effective on the third business day after posting.
IN WITNESS WHEREOF, the parties have executed this Agreement pursuant to the ordinances or
resolutions ad(Ated by the relevant authorities of the respective parties.
DATED: Sep IV mber 27, 20P 1
,
VILLAGE,� DE IELD SOLID WASTE AGENCY OF LAKE COUNTY,
` ILLINOIS
By ! �. /�;� BY lr�
ayor i' ' Chairperson Board of irector
M
By
Secretary
4
EXHIBIT A
"Deerfield Business District" means: that poprtion of the Village of Deerfield s defined by the Village's
Statement of Interest and as attached hereto as Exhibit A.
MUNICIPALITY:
STAFF CONTACT:
PHONE NumBER:
FACSIMILE NUMBER:
COMMERCIAL. RECYCLING PROGRAM.
..BUSINESS ORGANIZATION:
(I.E. CHAMBER OF•COMIAERCE)
STAFF CON'T'ACT:
PHONE NUMBER:
FACSIMILE NUMBER:
NUMBER OF TARGET BUSINE,,SES
SOURCE Of SECOND YEAR FUNDING
(I.E. MUNICIPAL, BUST.NESS, ETC:.)
(S47) q aa`
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(847)
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DESCRIPTION OF BUSINESS TYPES:
(I.E. RETAtL %, RESTAURANT':�o,
SERVICE %, ETC.) '—
L7F_.SCRIPTION OF GEOGRAPHIC_`. AREA:
(PLEASE INCLUDE IvLAP AND y
DE$C RIPTION)
SUBMISSION DEADLINE:
5:00 P.M. JULY 31, 2001
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