HomeMy WebLinkAbout24-271 Resolution No. 24-271
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAKESHORE RECYCLING
SYSTEMS, LLC FOR PROVISION OF REFUSE, RECYCLABLES, YARD WASTE AND
ORGANIC MATERIAL COLLECTION SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with
Lakeshore Recycling Systems, LLC, for provision of refuse, recyclables, yard waste and organic
material collection services,a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2024
Adopted: December 4, 2024
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT FOR PROVISION OF REFUSE, RECYCLABLES, YARD WASTE AND
ORGANIC MATERIAL COLLECTION SERVICES
THIS AGREEMENT(the "Agreement"), is hereby made and entered into this .1th day
of December 2024, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as "City") and Lakeshore Recycling Systems, LLC, a Delaware
limited liability company authorized to do business in the State of Illinois, (hereinafter
referred to as "Contractor") (the City and the Contractor may sometimes hereinafter be
referred to individually as a "Party,"and collectively as the "Parties").
ARTICLE AR1ICLE 1
RECITALS
WHEREAS, the City is a municipal corporation organized and existing under the
authority of the Illinois Municipal Code of 1961, 64 ILCS 5/1-1-1, et seq., and predecessor
statutes and having those home rule powers granted pursuant to Article VII, Section 6 1970
Illinois Constitution; and
WHEREAS, the City issued its Request for Proposal #24-001 for the provision of
professional services for Waste, Recycling and Organics Collection services for certain
properties within municipal boundaries and City-owned facilities in Elgin, Illinois; and
WHEREAS, the Contractor submitted the most competitive responsive proposal and
possesses the necessary expertise,equipment and manpower to furnish the requisite labor,
materials, tools, equipment, transportation services and landfill space to perform the
above-referenced services in a legal manner in strict accordance with all federal, state, and
local laws, rules, regulations, and ordinances.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
ARTICLE 2
GENERAL CONDITONS
1. Incorporation of Recitals
The foregoing recitals are substantive and are hereby incorporated in this section as though
fully set forth herein.
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2. Contract
It is the express intent of the Parties to enter into this Agreement for the collection of solid
waste, recycling, and yard waste for single-family detached residential units, single-family
attached residential units, certain small multi-family units and complexes with five (5) or
less units and, other special pickups as designated in this Agreement. The Agreement shall
not include large multi-family properties, defined as properties with six (6) or more units,
commercial, industrial, or institutional properties within the City of Elgin.
3. Agreement Term
The initial term of this Agreement will be five years commencing on January 1, 2025, and
shall remain in full force and effect through December 31, 2029, with the option, upon
mutual agreement between the City and the Contractor, for an extension of an additional
five-year term beginning January 1, 2030. If such an extension is desired by the City, the
Contractor will be notified no later than one hundred eighty(180) days before the expiration
of the initial five-year term.
In the event an extension of the Agreement is desired by the City and the Contractor, the
Parties shall engage in good faith negotiations to develop solid waste collection rates and
any modification of services for the additional five-year term. Among the factors to be
considered may include, but shall not be limited to, increased or decreased costs incurred
by the Contractor, and increases in the Contractor's productivity, the Contractor's service
since the beginning of the Agreement, changes in the market related to recyclable materials,
and prices paid in comparable communities. If the Parties are not able to reach mutual
agreement on the extension of this Agreement, then the Agreement will terminate on
December 31, 2029, without any further notice being required.
The cost of refuse, recycling, and yard waste/organic material collection shall be amended
annually in accordance with the 2025-2029 Price Schedule set forth in Exhibit A, attached
hereto and incorporated herein bythis reference. Price changes shall be effective on January
1 for each year of the Agreement.
4. Law to Govern, Choice of Law, and Venue
This contract shall be governed by the laws of the State of Illinois, both as to interpretation
and performance, and the venue for the resolution of any disputes or the enforcement of any
rights under this Agreement shall be in the Circuit Court of Kane County, Illinois. Any
references to laws in these specifications shall include such laws as they may be amended
or modified from time to time. Every provision of law required by law to be inserted into this
Agreement shall be deemed to be inserted herein.
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5. Indemnification and Hold Harmless
To the fullest extent permitted by law, the Contractor agrees to and shall indemnify, hold
harmless, and defend the City, and its respective elected and appointed officials, officers,
employees, agents, contractors, attorneys, representatives, boards, and commissions and
each of them (collectively,the "Indemnified Parties")against and hold it and them harmless
from any and all third party lawsuits,claims, injuries,demands, liabilities, losses,expenses,
damages, or other relief, including court costs and attorney's fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or any damage to
property ("Losses"), which may arise or which may be alleged to have arisen out of, or in
connection with the work covered by this Agreement, except to the extent such Losses arise
out of or in connection with the willful negligence or misconduct of the Indemnified Parties.
The obligations of the Contractor under this provision shall not be limited by the limits of any
applicable insurance required of the Contractor. The indemnification obligations under this
section shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for the Contractor or any Subcontractor under
workers or workman's compensation acts, disability benefit acts or other employee benefit
acts.The Contractor shall have control over the defense and the right to retain legal counsel
of its choosing subject to the approval of the City,which approval shall not be unreasonably
conditioned, withheld, or denied. The Indemnified Parties may participate in the defense
and retain their own counsel at their sole costs and expense.
6. CERCLA Indemnification
The Contractor shall, to the maximum extent permitted by law, indemnify, defend and hold
harmless the Indemnified Parties from and against all liability, including without limitation,
costs of response, removal, remediation, investigation, property damage, personal injury,
damage to natural resources, health assessments, health settlements, attorneys'fees, and
other related transaction costs arising under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C.A. Section 9601, et seq., as
amended from time to time, and all other applicable statutes, regulations, ordinances and
under common law, for any release of threatened release of waste materials collected by
the Contractor, both before and after its disposal. The Contractor shall have control over
the defense and the right to retain legal counsel of its choosing subject to the approval of
the City, which approval shall not be unreasonably conditioned, withheld, or denied. The
Indemnified Parties may participate in the defense and retain their own counsel at their sole
costs and expense.
7. Liquidated Damages
The City shall have the right, in its sole discretion, to assess liquidated damages for service
deficiencies, including, but not limited to the following:
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• Failure to collect missed pick-ups within 24 hours of notification;
• Non-completion of routes as scheduled;
• Inappropriate behavior as a service representative of the City;
• Failure to clean up blown, broken, or spilled material as specified on the collection
route;
• Excessive level of missed collections or other customer complaints;
• Lack of courtesy and responsiveness to citizens;
• Failure to adhere to any similar service standards or requirements set forth in this
Agreement.
The City may deduct from payments due or to become due to the Contractor an assessment
in the amount of not less than $ 250per occurrence, depending on the severity of the
deficiency. Contractor agrees and acknowledges that the amount of such liquidated
damages constitutes a reasonably good faith estimate of the actual damages that would be
incurred by the City.
8. Breach of Contract; Non-Performance; Default
A. If the Contractor violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the City has the right to seek
such administrative, contractual, or legal remedies as may be suitable to the
violation or breach including, but not limited to,the right to terminate the Agreement.
B. The Contractor shall be in substantial default of the terms of this Agreement if it fails
to collect and dispose of any materials in accordance with the schedule of service
established by this Agreement for than two(2)consecutive working days. When such
a default occurs, the City shall evaluate any extenuating circumstances offered by
the Contractor and shall determine whether any such extenuating circumstances
excuse the Contractor's failure to perform as required.
If in the City's sole discretion, sufficient extenuating circumstances have not been
demonstrated, then the City shall serve notice to the Contractor stating that the
Contractor will be in substantial default if the Contractor does not reestablish the
schedule within twenty-four (24) hours of said notice.
If at the end of such twenty-four (24) hour period, the Contractor has not
reestablished service in accordance with the City-approved schedule, the City shall
take whatever action is necessary to furnish collection services as required by this
Agreement.
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The Contractor shall fully reimburse the City for any reasonable expenses incurred
by the City to provide substituted collection services from the date of the notice of
default.
If the Contractor fails to provide any service required under this Agreement, the City
shall be responsible for payment to the Contractor only for the services actually
provided.
In addition, the City shall have the right, but not the obligation, to terminate this
Agreement.
C. Notwithstanding the foregoing, the City may only terminate this Agreement due to
Contractor's default or substantial default if the City has first provided the Contractor
with prior written notice describing the default or substantial default and the
Contractor has failed to correct the default or substantial default within thirty (30)
days of its receipt of the written notice.
D. Notwithstanding the foregoing or anything herein to the contrary, missed collections
or failure to timely provided the services contemplated by this Agreement due to the
City's or its contractor's acts or omissions, including but not limited to the events set
forth in Article 3, para 7, shall not constitute a breach of this Agreement or event of
default.
9. Right to Require Performance
The failure of the City at any time to require performance by the Contractor of any of the
terms or specifications in this Agreement shall in no way affect the right of the City thereafter
to enforce same, nor shall any waiver by the City of any breach of the terms or specifications
in this Agreement be taken or held to be a waiver of any succeeding breach of such terms or
specifications in this Agreement, nor be taken or held to be a waiver of any term or
specification itself.
10. Severability
The invalidity of one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall not affect the validity of the remaining portions of this
Agreement, so long as the material purposes of this Agreement can be determined and
effectuated.
11. Compliance with Applicable Laws, Ordinances, and Regulations
The Contractor shall comply with all applicable federal, state, and local laws, ordinances,
rules, and regulations, currently in effect or as amended from time to time, governing the
collection, disposal, and processing of refuse, recyclables, and yard waste during the term
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of this Agreement. The Contractor shall be and remain aware of any State of Illinois
legislation placing restrictions on disposal of certain wastes.
12. Taxes, Licenses, Permits, and Certificates
The Contractor shall pay all sales, use, property, income, and other taxes that may be
lawfully assessed against the City or the Contractor in connection with the Contractor's
facilities and the performance of the work provided for in this Agreement. By law, the City is
exempt from paying Federal Excise Tax,State and Local Retailers'Occupation Tax,State and
Local Service Occupation Tax, Use Tax, and Service Use Tax.
Immediately upon the approval and execution this Agreement, the Contractor shall secure
and pay for, at its sole expense, all necessary permits, licenses, and certificates of authority
required to complete the work provided for in this Agreement, and shall comply with all
requirements of such permits, licenses, and certificates of authority to operate in the City,
including inspections. The Contractor shall keep and maintain all such licenses, permits,
and certificates of authority in full force and effect throughout the term of this Agreement.
13. Independent Contractor
The Contractor is an independent contractor, and no employee or agent of the Contractor
shall be deemed for any reason to be an employee or agent of the City. Contractor shall be
solely responsible for the control of its employees and payment of all their wages, salaries,
F.I.C.A., withholdings, health and life insurances, workers' compensation and
unemployment insurance, and compliance with any and all other obligations required under
any and all local, state, and federal laws.
The Contractor agrees to waive any and all rights to reimbursement of workers'
compensation expenses under Section 1(a)(4) of the Illinois Workers' Compensation Act
(820 ILCS 305), as amended; and the Contractor agrees to waive any and all rights to
reimbursement of occupational disease expenses under Section 1(a)(3) of the Illinois
Occupational Diseases Act(820 ILCS 310), as amended.
14. Non-Assignment
The Contractor shall not assign or subcontract this Agreement or the work thereunder, or
any part thereof, to any other person, firm, or corporation without prior written consent of
the City, but the Contractor may perform its obligations thereunder through its subsidiaries
or divisions. Any such assignment shall not relieve the Contractor from its obligations under
this Agreement or change the terms of this Agreement unless an amendment to this
Agreement is made in writing by the Parties hereto.
The Contractor agrees not to assign or encumber any monies due or owed to the City under
this Agreement.
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15. Change in Status
The Contractor shall promptly notify the City of a sale of all or substantially all of the
Contractor's equity or assets other than one that results in an initial public offering or to an
affiliate of Contractor.The City shall have the option to terminate this Agreement if such sale
results in a material change in the key personnel involved in overseeing or managing the
Contractor's relationship with the City, or if such sale materially and adversely affects
Contractor's ability to provide the services required under this Agreement.
The City shall have the option to terminate this Agreement should the Contractor: (i)become
insolvent, or (ii) voluntarily or by operation law, become subject to the provisions of any
chapter of the Bankruptcy Act and such action is not dismissed within ninety(90)days of the
filing of such action, or(iii) ceases to conduct its operations in normal course of business.
16. Performance Bond/Letter of Credit
The Contractor shall initially post, and on each anniversary of the effective date of this
Agreement shall renew, a performance bond or irrevocable letter of credit which shall, at all
times, be in the amount of $1,000,000.00, and which shall guarantee the Contractor's
performance of the work in accordance with the terms and conditions of this Agreement. A
performance bond shall be executed by and with a surety company that is rated A- or better
by A.M. Best Company and shall be subject to approval as to form and content by the City
Corporation Counsel. A letter of credit shall be subject to approval as to form and content
by the City Corporation Counsel.
The Contractor shall furnish the performance bond or letter of credit within thirty(30 days of
the execution of this Agreement. This Agreement shall not be signed until the bond or letter
of credit is received and is reviewed for acceptability by the City.At the discretion of the City,
failure to furnish the required bond or letter of credit within the time specified by this section
shall be cause for the immediate termination of this Agreement.
17. Access to Records
The Contractor shall maintain books, records, documents, and other evidence directly
pertinent to performance of the work under this Agreement consistent with generally
accepted accounting standards in accordance with the American Institute of Certified
Public Accountants Professional Standards. The Contractor shall also maintain the
financial information and data used by the Contractor in the preparation or support of any
cost submissions required under this section, (e.g., negotiation of contract amendments,
change orders, etc.) and a copy of the cost summary submitted to the City. The City or any
of its duly-authorized representatives shall be allowed to audit those books, records, and
documents that are related to the work or services provided under this Agreement one time
in each calendar year during office hours of the Contractors at the Contractor's offices. This
right is limited to reviewing such records at Contractor's offices and no copies will be
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allowed without the authorization of the Contractor and all such copies shall be subject to
confidentiality consistent with appliable law. The Contractor will provide facilities for such
access and inspection.
Records under this section shall be maintained and made available during performance of
the work under this Agreement and for three (3) years from any termination of this
Agreement. In addition,those records which relate to any material dispute or litigation or the
settlement of claims arising out of such performance shall be maintained and made
available for review by the City as noted above for three (3)years from the date of resolution
of any such dispute, appeal, litigation, or claim.
18. Equal Employment Opportunity
Contractor shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as
amended, and any rules and regulations promulgated in accordance therewith, including,
but not limited to the Equal Employment Opportunity Clause, Illinois Administrative Code,
Title 44, Part 750 (Appendix A), which is incorporated herein by reference.
19. Drug Free Workplace Act(30 ILCS 580/1, et seq.)
Contractor must comply with all of the provisions of the Drug-free Workplace Act,which are
applicable to the Contractor. False certification or violation of the requirements of the Drug-
free Workplace Act may result in sanctions including, but not limited to, termination of this
Agreement and debarment of contracting or contract opportunities with the City for at least
one year but not more than five years.
20. Insurance
At the Contractor's sole expense, the Contractor shall secure and maintain in effect
throughout the duration of this Agreement insurance of the following kinds and limits to
cover all locations of the Contractor's operations. The Contractor shall furnish Certificates
of Insurance to the City within ten days after the execution of this Agreement. All insurance
policies shall be written with insurance companies licensed to do business in the State of
Illinois and having a rating of not less than A-IX, according to the latest edition of the A.M.
Best Company; and shall include a provision preventing cancellation of the insurance policy
unless thirty(30) days prior written notice is given to the City.
If requested, the Contractor will give the City a copy of the aforementioned insurance
policies. The policies shall be delivered to the City within two weeks of such request.
The limits of liability for the insurance required shall provide coverage for not less than the
following amount, or greater where required by law:
(1) Worker's Compensation Insurance and Employer Liability:
(a) Workers' Compensation: Statutory
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(b) Employer Liability: Each Accident: $1,000,000
Each Disease: $1,000,000
Policy Limit: $1,000,000
(2) General Liability Insurance:
(a) Bodily Injury and Property Damage with limits of not less than: $1.000.000 per
occurrence/$2,000,000 aggregate
(b) Personal Injury with limits of not less than $1,000,000 per occurrence/
$2,000,000 aggregate
(3) Auto Liability Insurance:
(a) Bodily injury with limits not less than $500,000 per occurrence/$1,000,000 per
accident, and
(b) Property damage with limits not less than $500,000 per accident
(4) The requirements for insurance coverage for the general liability and auto liability
exposures may be met with a combined single limit of $1,000,000 per occurrence
subject to a $2,000,000 aggregate.
(5) Umbrella excess coverage of$5,000,000 each occurrence, $5,000,000 aggregate.
The Contractor shall include the City as an additional named insured on both General
Liability, Auto Liability, and Umbrella Excess insurance policies, which shall be written in
occurrence form. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. There shall be no endorsement
or modification of such insurance to make it excess over other available insurance;
alternatively, if the insurance states that it is excess or prorated shall be endorsed to be
primary with respect to the City. All insurance premiums shall be paid by the Contractor
without cost to the City.
The certificate of insurance shall state the City of Elgin has been endorsed as an "additional
insured" by the Contractor's insurance carrier. Any such certificate must include the
following language: "The City of Elgin and its respective elected and appointed officials,
employees, agents, contractors, attorneys, representatives, boards and commissions are,
and have been endorsed, as additional insureds under the above-referenced policy, on a
primary and non-contributory basis for general liability and automobile liability coverage
and umbrella excess coverage for the duration of this Agreement term."
The certificates of insurance to be provided to the City shall include the contractual
obligations assumed by the Contractor under Article 2, Section 5 of this Agreement entitled
"Indemnification and Hold Harmless."
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In the event the Contractor fails to obtain or maintain any insurance coverage required under
this Agreement, it shall be considered a material breach of the agreement, and the City of
Elgin may purchase such insurance coverage and charge the expense thereof to the
Contractor, or may terminate this Agreement, at the option of the City in its sole discretion.
21. Amendment
This Agreement may be modified or amended only by a written agreement executed by the
parties or their authorized representatives.
22. Counterparts
This Agreement may be executed in multiple counterparts, each of which shall be deemed
to be and shall constitute one and the same instrument.
23. Successors and Assigns
This Agreement shall be binding upon the parties, their successors and their permitted
assigns.
24. Entirety
This Agreement, and any exhibits attached hereto, contains the entire agreement between
the parties as to the matters contained herein. Any oral representations or modifications
concerning this Agreement shall be of no force and effect.
25. Notices
All notices, reports and documents required by this Agreement for any purpose shall be in
writing and addressed as follows
As to City: As to Contractor:
Aaron Neat Katie Neary c/o Josh Connell
Director of Public Works Vice President Government Affairs
City of Elgin Lakeshore Recycling Systems, LLC
150 Dexter Court 5500 Pearl St, Suite 300
Elgin, Illinois 60120-5555 Rosemont, IL 60018
Any party may change the address to which notices for such party may be sent by furnishing
written notice to the other party.
All official notifications shall be delivered in person or sent by first-class mail,with sufficient
postage fully pre-paid,or certified or registered/return receipt requested mail with sufficient
postage and certification or registry fees fully pre-paid. Notice delivered personally shall be
deemed received upon delivery. Notice delivered by mail shall be deemed to have been
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given as of the date of the U.S.P.S. postmark. Electronic notification via e-mail to the
assigned contract administrator is also acceptable.
26. Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR
ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL
DAMAGES, OR ANY OTHER LOSSES, DAMAGES OR EXPENSES WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS
OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE.
ARTICLE 3
TECHNICAL SPECIFICATIONS
1. Title to Refuse, Recyclables, Yard Waste, and Organic Material
Title to all refuse, recyclables, yard waste, and organic material shall be passed to the
Contractor when the materials are placed into the Contractor's collection vehicle.
Contractor shall not be required to collect, haul, process and dispose of Hazardous Waste
as defined in Section 3.220 of the Illinois Environmental Protection Act (415 ILCS 5/3.220).
When Contractor, during collection, encounters hazardous waste materials, then
Contractor shall not be required to collect such materials and shall not be in breach or
default of this Agreement by not collecting such materials.
2. Disposal
The Contractor shall provide the City with a list of transfer stations, processing facilities,
and/or landfills (collectively "Disposal Sites") it intends to utilize at the inception of this
Agreement. The Contractor shall not make any changes to the list of Disposal Sites during
the term of this Agreement without the City's prior written approval, which is in the City's
sole discretion. The Contractor will be responsible for paying all fees associated with the
transfer, disposal, and/or processing of materials collected under this Agreement. If there
is an operational deficiency at a Disposal Site that is objectionable to the City, the City will
provide the Contractor with notice of such deficiency with specificity and if such deficiency
is not addressed within thirty (30) days' of Contractor's receipt of the City's notice, then the
City may designate a replacement Disposal Site.
3. Disposal Tip Fees
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The Contractor recognizes and acknowledges a certain Host City Agreement with Waste
Management of Illinois, Inc. for a Solid Waste Transfer Station between the City and Waste
Management of Illinois, Inc., dated July 14, 2014, attached hereto as EXHIBIT E and
incorporated herein by this reference (the "Host City Agreement"), under which the City is
the benefactor of certain revenues for waste and recycling material "tipped" at the Waste
Management Bluff City Transfer Station located at 1225 Gifford Rd., Elgin, IL, 60121.
The Contractor agrees to pay to the City the current host fee paid to the City by Waste
Management under the provisions of the Host City Agreement (the "Host Benefit Fee") for
both refuse and recyclable tons collected by the Contractor under the terms of this
Agreement.The Contractor shall be subject to annual rate increases to the Host Benefit Fee,
as described within the Host City Agreement.
Tip fees in the amount of the Host Benefit Fee will be paid to the City by the Contractor when
refuse and recycling material are disposed of at any facility other than the Waste
Management Bluff City Transfer Station located at 1225 Gifford Rd. Elgin, IL 60121. In the
event the contactor utilizes the Waste Management Bluff City Transfer Station, tip fee
compensation shall not be owed by the Contractor to the City. The Contractor shall notify
the City within fourteen (14) days of its intent to utilize the Bluff City Transfer Station. The
City and Contractor further agree that tip fee compensation shall be owned to the City in all
instances except when a formal transfer station change to the Waste Management Bluff City
Transfer Station has been provided.
Beginning in 2025, and in each year on January 1 St thereafter,tip fee compensation fees shall
be adjusted pursuant to the provisions of the Host City Agreement. The City will provide the
Contractor with the annual tip fee compensation rate by January 31 Sl annually.
4. Guarantee of Recycling
Throughout the term of this Agreement,the Contractor shall deliver all recyclables collected
in the City to an agreed upon recyclable material processing facility or other site designated
by the City. The Contractor shall furnish the name and location of the facility intended to be
used during the term of this Agreement. The Contractor shall be responsible for payment of
all necessary fees that may be charged by the facility or other site designated by the City.
The City reserves the right to visit and inspect the storage and processing locations during
regular business hours with reasonable notice.
No disposal of recyclables in a landfill or incinerator by the Contractor shall occur without
the City 's knowledge and prior authorization. Any such disposal by the Contractor without
the City's knowledge and authorization shall constitute sufficient grounds for termination of
this Agreement by the City. Upon request of the City, evidence deemed acceptable by the
City shall be submitted as proof that all recyclables collected in the City are being delivered
to the agreed upon facility or other site designated by the City.
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5. Guarantee of Yard Waste and Organics Material Collection
Throughout the term of this Agreement, the Contractor shall own, co-own, rent, lease,
control, or otherwise have access to a properly licensed and permitted composting facility
of sufficient capacity for the disposal of yard waste and organic materials. The Contractor
shall be solely responsible for compliance with all Federal, State, County, and local laws,
ordinances, and regulations governing the disposal of yard waste and organic material at
such a composting facility.
The Contractor shall furnish the name and location of the composting facility intended to be
used during the term of this Agreement. Upon request of the City, proof that such facility
complies with all laws and regulations governing such facilities shall be furnished to the
City. A certification from the federal Environmental Protection Agency or Illinois
Environmental Protection Agency shall constitute sufficient proof of compliance with laws
for the purposes of this paragraph. The City reserves the right to visit and inspect such
facilities with reasonable notice. This shall not preclude the Contractor from changing the
disposal location to a reasonable alternate site, but the Contractor shall notify the City of
any changes. Upon request of the City, the Contractor shall furnish evidence of
arrangements assuring availability of adequate composting facility capacity for disposal of
yard waste and organic material collected under this Agreement.
6. Unacceptable Materials
Material placed out for collection that does not meet the criteria set forth in this Agreement
shall not be collected. The Contractor will be responsible for notifying residents of any and
all reasons why the materials were not collected. This will be done through the use of an
adhesive "leave-behind tag"that will be placed on the resident's materials.Tags shall have
a good pressure sensitive adhesive which will adhere to the "disposal unit" in all weather
conditions. The "leave-behind tag" shall be bilingual (English & Spanish) and include the
Contractor's name and telephone number. The "tag" shall clearly explain the reason(s)
services were not provided and what actions,if any,can be taken by the resident in the future
to ensure proper collection of materials. Such notices are to be written, designed, and
printed by the Contractor at no additional cost to the City.The "leave-behind tag"to be used
by the Contractor must be approved by the City prior to the commencement of this
Agreement.
The Contractor shall also keep an accurate daily record of property addresses where
unacceptable items are left behind, along with a description of the items or problem. This
information shall be emailed to the City at the day after each pick-up day.
7. Local Improvements
The City of Elgin reserves the right to construct any improvement or to permit any
construction in any street, which may have the effect of preventing the Contractor from
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traveling his accustomed collection route(s) for a period of time. In the event of such
improvements or construction the Contractor must nonetheless by an acceptable method,
continue to collect the waste, yard waste, organics material, and recyclables to the same
extent as though no such conditions existed upon the streets formerly traversed. This shall
be done without extra cost to the City of Elgin, and without any additional payment or
compensation to the Contractor. The City will make reasonable efforts to provide the
Contractor with advance notice of planned improvement projects that may affect solid
waste collection services. The City will make reasonable efforts to provide the Contractor
with the contact information for the City's resident engineer managing the project. Missed
collections or failure to provide timely services due to the acts or omissions of the City or its
contractors, including but not limited to changes to collection routes as set forth in this
paragraph, shall not constitute an event of default or breach of this Agreement.
8. Schedules and Time of Collections
The City of Elgin is divided into five collection areas for each day of the week. Collections
shall not commence prior to 7:00 a.m. or continue past 7:00 p.m. A map of the City of Elgin,
so designating the collection areas, is included as EXHIBIT B.
The schedule shall not be changed without first obtaining permission from the City and not
without giving a minimum of sixty(60)days'written notice to all parties affected. In the event
that a schedule change is granted,the Contractor shall be required to conduct, at minimum,
the following consumer education activities at no cost to the City.
a. Produce and mail a notice to all affected households a minimum of thirty days
prior to the schedule change.
b. Publish advertisements in each local newspaper fifteen days prior to the
schedule change.
Failure of the Contractor to maintain said collection schedule will be considered a breach
and default of this Agreement and grounds for immediate termination of this Agreement.
Upon request, the Contractor shall provide the City with copies of the Contractor's daily
routing schedule showing the approximate time the properties on each street are to receive
collection services.
9. Schedule Adherence
If, at any time during this Agreement, the Contractor shall collect any section of the City on
a day other than the scheduled day, the Contractor shall notify the City that he/she is in
violation of this Agreement. If a similar violation should occur once more within the three-
week period following the week of the original violation, the City will notify the Contractor by
certified mail and withhold any further payment due under this Agreement until the
Contractor has furnished evidence satisfactory to the City that the Contractor has taken
necessary precautions to prevent further violations. Delays that are occasioned by holidays,
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or by daily precipitation of one inch or more of rain, or six inches or more of snow, may not
be considered as violations of this section. The City shall be the sole judge of whether such
delays constitute a violation.
10.Collection Vehicles
All vehicles used for collection purposes, except those exempted by other provisions of
these specifications, shall have fully enclosed bodies with self-continued mechanisms to
compress the material collected. Vehicles shall be labeled with a vehicle identification
number,the firm's name, address, and telephone number visible on both sides. All vehicles
shall be kept watertight. Drain plugs, if available, shall be kept closed, except during
collections in rainy weather.
The Contractor agrees to, by December 31,2025, furnish at a minimum eighteen (18) new
collection vehicles for residential collection routes within the City as stated within their
request for proposal response. 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 the City's streets which leak any fluids from the engine or compacting
mechanism. In the event that any vehicle is not properly operable, a substitute vehicle shall
immediately be provided that complies with the terms herein.
The Contractor shall furnish a complete list of the vehicles to be used in servicing this
Agreement,which list shall be maintained and updated by the Contractor.The City 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 Contractor's
proposal, or to properly administer specifications of this Agreement. Upon request of the
City, the Contractor shall demonstrate that the collection equipment is suitable for the
materials to be collected. The Contractor shall notify the City if there is any change in the
number or type of vehicles being used. All changes must be approved by the City.
The City of Elgin is committed to sustainable practices and is interested in the method of
which collection vehicles are powered. The Contractor shall include within the list of
vehicles a description of the means of power provided to the drive train, i.e.: Internal
combustion, electric, compressed natural gas, etc., of each vehicle
11. Accident Prevention and Notification
Precautions shall be exercised at all times for the protection of persons (including
employees) and property. The safety provisions of all applicable laws and building and
construction codes shall be observed. Machinery, equipment, and all hazards shall be
guarded or eliminated in accordance with the safety provisions of the Manual of Accident
Prevention in Construction, published by the Associated General Contractors of America,
to the extent that such provisions are not in contravention of applicable law.
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In the event of accidents of any kind which involve the general public and/or private or public
property in the City, the Contractor shall immediately notify the City.
Upon request of the City, the Contractor shall provide such accounting of details and/or
copy of written accident report as the City may require.
12. Damage to Property
The Contractor shall take all necessary precautions for the protection of public or private
property. The Contractor shall be responsible for damage on public or private property
resulting from careless or negligent operation of vehicles or careless or negligent handling
of any receptacle or materials. All property which suffers damage (reasonable wear-and-
tear excepted) caused by the Contractor, including, but not limited to waste receptacles,
sod, mailboxes, or recycling carts, shall be repaired or replaced by the Contractor as soon
as possible to equivalent quality at the time of the damage, and at no extra charge to the
property owner. If the Contractor fails to do so within a reasonable period,the City may, after
the expiration of a period of forty-eight(48) hours after giving the Contractor notice in writing,
proceed to repair or replace such property as may be deemed necessary at the Contractor's
expense. The Contractor agrees to pay for said expenses within ten (10) days of receipt of
said invoice or said expenses will be deducted from the next ensuing payment owed by the
City for services rendered.
13. Employees and Conduct
The Contractor shall undertake and perform all collection and disposal services rendered
hereunder in a neat, orderly, and efficient manner; to use care and diligence in the
performance of this Agreement; to provide neat, orderly, and courteous personnel on its
collection crews; and to provide courteous and knowledgeable personnel in its customer
service function.
The Contractor shall prohibit any drinking of alcoholic beverages or use of any controlled
substance, except by a doctor's prescription and which will not cause impairment, by its
drivers and crew members while on duty, or while performing their duties under this
Agreement. If any of the Contractor's employees is deemed by the City to be unfit or
unsuitable to perform the services under this Agreement as a result of intoxication,drug use,
or by virtue of abusive or obnoxious behavior,then, upon formal written request of the City,
the Contractor shall remove such employee from work within the City and furnish a suitable
and competent replacement employee.
The Contractor's drivers and crew members shall be attired at all times in a neat,
professional manner. All permanent collection employees shall be required to wear a work
uniform. Said uniform shall include a shirt or jacket which clearly indicates that the
employee is employed by the Contractor. The City has the right to require or define what
shall be considered suitable work clothes for collection employees.
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All vehicle operators shall carry valid State of Illinois driver's licenses for the class of vehicle
operated. Vehicle operators shall obey all traffic regulations, including weight and speed
limits.
14. Use of City's Name and Image
The use of the name "City of Elgin" or any images of the City's property is expressly
prohibited without the express written approval of the City except where the name and
images of the City of Elgin appear on the Contractor's marketing materials used for the City's
contract.
15.Pre-Paid Disposal Sticker Distribution
The Contractor shall be responsible for the printing, distribution, and sale of an ample
supply of pre-paid disposal stickers. The Contractor shall arrange for a minimum of five (5)
local retail outlets to aid in the sale of the disposal stickers. The City agrees to act as
disposal sticker retailer for the Contractor.The Contractor shall also make disposal stickers
available through the mail. The Contractor shall be authorized to add the cost of postage
only to the cost of those disposal stickers sold through the mail.The City shall not incur any
liability for payment or other obligations to the Contractor for the stickers. The Contractor
shall be solely responsible for the collection of sticker sale proceeds. Residents shall have
the right to purchase stickers in as small a quantity as one sticker at a time.
The Contractor shall be permitted to sell disposal stickers to retailers on a billable basis
only. The Contractor shall not charge retailers or the City for storage, handling, delivery, or
any other services associated with the distribution of waste stickers. The Contractor shall
have the right to cease supplying stickers to any retailer that repeatedly allows its sticker
inventory to run out. The Contractor shall have the right to cease supplying stickers to any
retailer who has become more than thirty (30) days in arrears in making payments on its
account. The Contractor shall notify the City of the names of retailers to which the supply of
stickers has been suspended as soon as the suspension occurs.
16.Design and Accountability of Pre-Paid Disposal Stickers
The Contractor shall be responsible for the printing, distribution, and sale of an ample and
always available supply of pre-paid disposal stickers.The City reserves the right to approve
the form, design, wording, and quality of the stickers and their fabrication.
The front of the sticker shall be of a bright background identifying the type of sticker that it is
and bear the Contractor's name and phone number in addition to the City of Elgin's logo. In
addition, the front of the sticker shall have the word "address"with a space for residents to
write their address if they so desire.
The back of the sticker shall list instructions for proper use of the stickers as well as other
information pertinent to the solid waste program.The back of the sticker should also display
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in bold the text"If you have questions call 311". Stickers shall have a good pressure sensitive
adhesive, which will adhere to the "disposal unit" in all weather conditions.
The Contractor is responsible for all accounting of stickers. Serial numbers shall be printed
on each sticker to aid in accounting and deter counterfeiting.The City shall not be held liable
for any counterfeiting of stickers that may occur.
17.Honoring All Stickers
The Contractor shall agree to honor all refuse disposal stickers purchased by residents
throughout the term of this Agreement regardless of the price at which the disposal sticker
was purchased.
The Contractor shall agree to honor all refuse disposal stickers sold prior to the inception of
this Agreement through March 31ti', 2025. Beginning April 1S`, 2025, the City and the
Contractor agree that only the Contractor's disposal stickers will be honored moving
forward.
The Contractor shall provide the same level of service for previously purchased disposal
stickers as is provided for disposal stickers sold at an adjusted sale price. For this reason,
stickers shall be produced without a price printed on them.
18.Containers
The City has provided wheeled carts to households for curbside collection. The wheeled
carts specified for use in this Agreement have been designed to contain solid waste
including recyclable materials,garbage, refuse and rubbish. Refuse carts come in 35-gallon,
64-gallon,and 96-gallon sizes and recycling carts come in 64-gallon and 96-gallon sizes.The
carts are serviceable by both semi-automated and fully automated collection systems.
The Contractor shall continue to use the City's existing containers. The current standard is
a 64-gallon gray refuse container and 64-gallon blue recycling container. Residents shall be
afforded the option to upgrade or downgrade to a 96 gallon or 35-gallon refuse container or
upgrade to a 96-gallon recycling container.
Residents may request to exchange their cart for a different size at no cost one time per year.
The Contractor may charge a fee not to exceed the Contractor's proposed fixed fee for cart
size exchange requests above one time per year. All new and replacement carts will be
provided at no fee to the resident.
The wheeled carts specified for use in this Agreement shall continue to be designed to
contain solid waste including garbage, refuse, rubbish,yard clippings, organic material, and
recyclables. Any new or replacement refuse or recycling wheeled carts will be supplied at
the Contractor's expense and shall become property of the City upon delivery.The cart must
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be serviceable by fully automated collection systems. All new and replacement recycling
carts shall include informational stickers affixed to their lids.
Yard waste and organic material collection carts shall be offered at no cost in 35-gallon, 64-
gallon and 96-gallon sizes. All yard waste and organic material collection carts will belong
to the Contractor. The Contractor shall establish a process for subscription and delivery of
yard waste/organic material collection carts to the community. Such process shall be
electronic in nature and shall include delivery time frames for residents.
The Contractor shall establish a method to which residents can request new or additional
carts. This method shall include options to downsize or upsize refuse carts, request
additional refuse carts, upsize recycling carts, and subscribe to yard waste/organics
material collection carts. The Contractor agrees to always maintain a method for resident
requests during this Agreement.Such process shall be electronic in nature and shall include
delivery time frames for residents.
The Contractor shall establish a quarterly delivery schedule of new and/or additional carts
to properties in Elgin. Such quarterly deliveries will take place on dates agreed to by the City
and the Contractor. The Contractor shall maintain all records of cart requests and make
such records available to the City upon request. The City shall have the ability to deviate
from the quarterly delivery schedule outlined above and the Contractor shall make delivery
upon request from the City to properties.
The Contractor will be responsible for the maintenance and replacement of carts that are
malfunctioning, damaged or missing at no additional cost, unless the City deems the
damage, or loss is the fault of the resident.The Contractor shall provide storage for a supply
of wheeled carts in each size, quantity to be determined by the City.The Contractor shall fix
or replace carts within one week of a reported problem and collect unstickered
bags/containers equivalent to the capacity of the cart under repair. New, damaged, and/or
repaired carts shall be picked up and delivered as needed at least once per week.
Currently, there are approximately 1,900 to 2,100 cart replacements each year, or
approximately 3.0%-3.5% of all carts. The repair and/or replacement cart schedule shall
differ from the quarterly delivery of new and/or additional cart schedule described above.
Properties requesting containers to begin service, typically properties within new
developments, shall receive carts within one week of their request.
The Contractor will be responsible for providing and distributing all carts included as part of
this Agreement. Carts shall be delivered, fully assembled, to the households and/or
properties covered under this Agreement.
The Contractor shall be responsible for providing instructions (in both English and Spanish)
on the proper use of the cart, at no additional cost to the City. These instructions for use
shall be included with the cart at the time it is delivered to each household. Both the
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Contractor and the City will make available written materials explaining the ownership and
stipulating that the containers remain at the property in the event the residents relocate.
The polyethylene resin used in the construction of the cart and lid shall contain a minimum
of 50% recycled plastic(25% post-consumer).The body of the container shall be composed
of recyclable high density polyethylene resin.
The containers, when empty must not overturn when the lid is thrown fully open. The
containers must be designed to prevent being turned over by winds up to 40 mph (30 mph
for the 35-gal cart). The container body shall be free of pockets, recesses, or significant
intrusions which could trap debris or interfere with the discharge of refuse.
At minimum, there shall be sufficient space allocated on the right and left sides of the body
of the container for the hot stamping/ imprinting of the City of Elgin municipal or program
logo, or for the "in- molding" of full color or black and white images into the plastic surface
of the cart. The images shall not fade, discolor, or disfigure and shall not peel or wear off
under normal use conditions.
The lid must be of one-piece construction, injection molded of high-density polyethylene
resin, domed to facilitate water run-off. The lid must be permanently attached to the body.
No lid latches will be accepted. Lid will be held closed by its weight only. An insert
attachment hook must be molded into the undersurface of the container lid to
accommodate the distribution of information inserts.
At minimum,there shall be sufficient space allocated on the inside panel and outside panel
of the container lid for the"in-molding" of full color/black and white images into the plastic
surface of said lid conveying safe and proper use, descriptive collection program including
recycling rules, information, or graphic depictions. The images shall not fade, discolor, or
disfigure and shall not peel or wear off under normal use.The cost for such custom imprints
shall be negotiated between the City and the Contractor.
All plastic parts must be specifically prepared to be colorfast so that the plastic material
does not alter appreciably during normal use. Containers will have not less than one half of
one percent(.5%) pigments by weight.
Each container shall meet the following minimum size specifications:
35 Gallon 64 Gallon 96 Gallon
Load Weight Capacity 125 lbs. 200 lbs. 250 lbs.
(Excluding the weight of the
container)
19.Emergencies
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The Contractor shall, upon the request of the City, be available when necessary to provide
cleanup services for natural disasters for public and private properties at a per ton, per two-
person truck fee. The Contractor shall bill the City the total amount of the fee. The fee shall
be in effect during the entire term of this Agreement, with price increases subject to the
same terms and conditions as defined in the price schedule set forth in EXHIBIT A.
20.Innovation Clause:
1. Purpose
To encourage the Contractor to continuously improve waste management and recycling
services by implementing innovative practices, technologies, and processes that
enhance efficiency and sustainability. The City and/or Contractor can propose
innovations in areas like waste diversion, technology integration, sustainability, and
operational efficiency. The City and Contractor shall agree on proposals and next steps
identified.The City and Contractor will review these proposals and may amend contracts
for approved innovations. Pilot programs are encouraged to test new methods,with the
City providing support where feasible.
2. Continuous Improvement
The Contractor shall actively seek out and propose innovations that enhance service
delivery, reduce costs, minimize environmental impact, and improve recycling rates.
These innovations may include, but are not limited to, the following areas:
• Waste Diversion: Strategies to increase recycling rates and reduce the volume of
waste sent to landfills.
• Technology Adoption: The integration of new technologies such as smart waste
collection systems, Al sorting, automated trucks, etc.
• Sustainability: Introduction of sustainable practices like electric or low-emission
vehicles, biodegradable materials, or circular economy initiatives.
• Operational Efficiency: Improvements in route optimization, service delivery
times, and resource management.
3. Innovation Proposals
The Contractor shall have the ability to submit innovation proposals to the City detailing:
Description of the proposed innovation.
Expected benefits, including cost savings, environmental impact, and operational
efficiency.
Implementation timeline and associated costs.
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The City shall review and provide feedback on the proposed innovation proposals.
Approved innovations may result in contract amendments if necessary to account for
the costs or benefits.
4. Pilot Programs and Trials
The Contractor is encouraged to conduct pilot programs to test new technologies or
methods under real-world conditions before broader implementation. The City shall
cooperate and facilitate such pilots where feasible, and feedback from these trials shall
be used to refine or expand innovative solutions.
5. Periodic Review and Update
The City and Contractor shall meet to discuss and review current industry trends,
potential innovations, and any changes in regulations that may affect service delivery.
This review ensures this Agreement remains adaptive to technological advancements
and evolving best practices.
21.Change in Service;Amendments
If the City should wish to change the type of service provided during the term of this
Agreement, including, but not limited to, type of material collected, method of handling,
and/or method of collection, the City shall have the option to initiate the change in service
by serving written notice to the Contractor at its designated place of business at least sixty
(60)days prior to the date such service change is contemplated to begin. Both parties agree
to negotiate the terms, frequency, and prices of such change in service after such written
notice is served. Such modifications shall be contained in a written agreement executed by
the parties.
ARTICLE 4
GENERAL SPECIFICATIONS AND SCOPE OF SERVICES
1. Intent
It is the intent of this Agreement to obtain throughout its term clean, courteous, well-
scheduled, and well-executed collection and disposal or processing of refuse, recyclables,
organic material and yard waste from properties in the City of Elgin. While the City
recognizes that any collection service involves minor customer operating problems, the
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parties agree that the intent of this Agreement is to ensure that any such operating problems
are minimized to the extent possible and corrected as soon as possible.
2. Definitions
For the purposes of this Agreement, definitions of certain terms shall be as listed below.
Other terms shall be as defined within applicable subsections.
"Curbside" shall mean and is in reference to the placement of containers defined as
adjacent to the street pavement, alley pavement and gutter and within five feet thereof.
"Residential Curbside Stop" shall mean any single-family detached, townhome or
condominium property within the City consisting of five (5) or fewer dwellings. The term
"stop" shall be synonymous with the term "household".
• 2024 Residential Curbside Stops 33,777
"Refuse or Waste"shall mean all discarded and unwanted putrescible and non-putrescible
household and kitchen wastes, including but not limited to, food, food residues, and
materials necessarily used for packaging, storing, preparing, and consuming same, usually
defined as "garbage"; and all combustible and non-combustible waste materials resulting
from the usual routing of domestic housekeeping. For the purposes of this specification,the
terms "garbage", "refuse", "rubbish", and "waste" shall be synonymous unless otherwise
more specifically defined.
"Recyclables" or "Recyclable Material(s)" shall mean, at a minimum, brown paper bags;
corrugated boxes;frozen food packages; magazines and catalogs; mixed paper; newspaper;
paperboard; telephone books; wet strength carrier stock; aluminum cans; aluminum foil;
aseptic packaging and gable top containers;formed steel containers; glass bottles and jars;
plastic containers, bottles,jars and jugs; steel cans; empty steel paint cans and lids.
"Yard Waste" (also known as "landscape waste") shall mean grass clippings, leaves,
branches and brush, other yard and garden trimmings, vines, garden plants, and flowers,
weeds, tree droppings (for example, pinecones and crab apples), and other similar organic
waste materials accumulated as the result of the cultivation and maintenance of lawns,
shrubbery,vines, trees, and gardens.
"Organics" Shall mean the combination of yard waste and food scraps and shall include
grass clippings, leaves, branches and brush, other yard and garden trimmings,vines,garden
plants, and flowers, weeds, tree droppings (for example, pinecones and crab apples), and
other similar organic waste materials accumulated as the result of the cultivation and
maintenance of lawns, shrubbery,vines, trees, and gardens. Organics shall also mean food
waste (fruits, vegetables, dairy products, grains, and eggshells), some paper waste (low
grade paper, coffee filters. "Live" Christmas trees shall also be considered organic.
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"Electronic Waste" or "E-Waste"shall be defined as the materials listed in 415 ILLS 150/95
of the Illinois Compiled Statutes.
"Household Hazardous Waste" (HHW) disposal shall include collection of household
cleaners, automotive products, paint products, garden chemicals, fluorescent light bulbs,
thermometers and thermostats, flammable items syringes/sharps and other household
chemicals.
"White Good" shall mean all discarded refrigerators, ranges, water heaters, freezers, air
conditioners, humidifiers, and other similar domestic large appliances, including those
containing CFCs (chlorofluorocarbons), switches containing mercury, and PCBs
(polychlorinated biphenyls).
"Bulk Item" shall mean any discarded and unwanted household items that are not
considered "white goods" Items such as but not limited to tables, chairs, mattresses, box
springs, bookcases, and sofas. Items that are excessively heavy, such as pianos, or gun
safes for example,will require a special collection scheduled directly with the Contractor.
"Disposal Unit"shall have different meanings as follows:
"Disposal Units" shall include any of he wheeled carts that the City has provided to
households for curbside collection. The wheeled carts specified for use in this
Agreement have been designed to contain solid waste including recyclable
materials, garbage, refuse and rubbish. Refuse carts come in 35-gallon, 64-gallon,
and 96-gallon sizes and recycling carts come in 64-gallon and 96-gallon sizes. The
carts are serviceable by both semi-automated and fully automated collection
systems.
In addition, for the purposes of yard waste/organic material collection, a "disposal
unit"shall mean one biodegradable two-ply,fifty(50) pound wet-strength Kraft paper
bag designed for yard waste collection not to exceed thirty-five gallons in capacity
and/or fifty pounds in weight,containing"yard waste"as herein defined,or one water-
tight metal or plastic reusable waste container with handles, no larger than thirty-five
gallons in capacity or fifty pounds in weight, or one securely tied bundle of brush or
branches using biodegradable cord, string, rope or twine that does not exceed fifty
pounds in weight, two feet in diameter, and four feet in length. This definition may
include yard waste disposal units that are also suitable for organic material and shalt
include a subscription cart option provided by the Contractor of 35, 64 and 96 gallons
at no additional cost.
"Disposal Site" shall mean the location collection vehicles empty their materials. It shall
include transfer stations, landfills, incinerators, and composting sites.
"Pre-Paid Disposal Sticker" shall mean a label that residents purchase and affix to refuse
that exceeds the program's base collection limit. Each sticker represents a pre-paid fee for
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the disposal service of extra refuse or bulk items. A fee structure can be in place
differentiating the cost of the pre-paid sticker for white goods versus those stickers for extra
refuse/bulk items.
3. Scope of Work
The Contractor shall be the exclusive refuse, recycling, yard waste, and organic material
collector for single family, townhome and condominium properties and multifamily
residences with five (5) units of less (hereinafter referred to as "stops")within the corporate
boundaries of the City and included as EXHIBIT B, attached hereto and incorporated herein
by this reference.
The Contractor shall be responsible for everything required to be performed, and shall
provide and furnish all of the labor, materials, necessary tools, expendable equipment and
supplies, vehicles,transportation services, and landfill and compost facility space required
to perform and complete the collection and disposal of refuse, recyclables,yard waste, and
organic materials, and make all of the necessary arrangements for the delivery of all
recyclables and organic material to an agreed upon location or otherwise as designated by
the City, all in strict accordance with the terms and provisions of this Agreement and any
and all exhibits hereto.
The Contractor may, at its option, contract separately with businesses, institutions, and
agencies for collection service outside the scope of this Agreement,subject to all City codes
and ordinances governing private refuse collectors generally, and providing that such
operations shall not interfere with the satisfactory carrying out of the work under this
Agreement. Any contracts between the Contractor and businesses, multi-family
complexes, institutions, and agencies shall covenant that said contract shall not interfere
with the terms and conditions set forth under this Agreement.
The Contractor shall service any land annexed to the City of Elgin during the term of this
Agreement, as well as any other applicable developments within the City. This service will
be set to the same terms as the collection services set forth in this Agreement.
4. Program Design
Refuse
All "stops" as previously defined as having five (5) or fewer units located within the City's
corporate boundaries shall be provided with weekly collection and disposal of all refuse,
small amounts of household construction and demolition debris, and all large household
items, as previously defined. Pre-paid disposal stickers are required for any refuse above
that contained within the disposal cart.
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The base rate fee structure will be towards the allowance of one 64-gallon refuse container.
There will be no allowance for additional refuse disposal items without an affixed disposal
sticker or the rental of larger and or additional carts from the Contractor.
A fee structure for containers differing from the base rate 64-gallon container will be made
available for residents. Options for either a 35-gallon container or a 96-gallon container will
be available.
Recycling
All "stops" as previously defined as having five (5) or fewer units located within the City's
corporate boundaries shall be provided with weekly collection and disposal of all
"recyclable materials" as defined.
Recyclable materials set out for collection will not require a pre-paid disposal sticker and
will be collected. Residents may place unlimited amounts of acceptable recyclable
materials out for collection by the Contractor including loose recyclable materials outside
of the disposal cart for no additional cost.
Recyclable Materials
The Contractor shall accept co-mingled recycling. The Contractor shall specify the manner
in which the recyclable materials will be collected and sorted by the Contractor, i.e. stop
sorting, sorted at the processing facility, and the like.
The Contractor shall also specify the method in which recyclables are to be specifically
prepared by the household for collection; including, but not limited to, rinsing, label
removal, flattening, etc.The Contractor should specify recyclables by descriptive container
type in addition to the recyclable identification number allowing for clear consumer
education to residents.
Additional Recyclable Materials to Be Collected
It is the intent of the City to expand the list of acceptable items for recycling as markets
develop. The City and the Contractor will periodically, and at least annually, review the list
to determine which items should be added. Any additions shall be made at no additional
cost to the City or customers. The Contractor shall furnish a list of recycling materials
included within the program annually in a format that can be shared with residents in
January of each year and upon the request of the City at any time during this Agreement.
Yard Waste
All "stops" as previously defined as having five (5) or fewer units located within the City's
corporate boundaries shall be provided with weekly collection and disposal of all "yard
waste" as previously defined. Weekly yard waste collection shall begin each year on April 1
and end on the Friday of the first full week of December of that same year with the City having
26
the option to extend the program through December 31. Yard Waste set out for collection
will be done at no additional cost and is to be considered included within the base rate fee
structure of service. As such, residents will be allowed to place unlimited amounts of
disposal units of yard waste at the curb for collection during the yard waste collection period
above.
Residents may subscribe with the Contractor to receive a yard waste cart at no additional
cost. Yard waste carts are not mandatory,and residents can utilize kraft paper bags for yard
waste collection. Yard Waste carts will be available in 35-gallon, 64-gallon and 96-gallon
sizes.
Organic Materials
All "stops" as previously defined as having five (5) or fewer units located within the City's
corporate boundaries shall be provided with weekly collection and disposal of all "organic
materials"as defined.This program shall be offered at no additional cost to the resident and
shall be considered included within the base rate fee structure of service. Residents who
wish to participate in organic material collection will be required to subscribe with the
Contractor to receive an organic material cart at no additional cost. Organic material
collection carts will be available in 35-gallon, 65-gallon and 96-gallon sizes. It is to be noted
in this section of the agreement that yard waste and organic material collection carts shall
be the same cart however if residents wish to participate in organics collection the
subscription cart is mandatory. Weekly organic material collection shall begin each year on
April 1 and end on the Friday of the first full week of December each year,with the City having
the option to extend the program through December 31, in the City's sole discretion.
General
A. All stops receiving the services shall be required to prepare all materials for
collection and/or disposal in proper"disposal units."
B. Residents will be allowed to place unlimited amounts of disposal units of refuse
for collection and disposal as long as a pre-paid sticker is attached to each
disposal unit set out which does not fit into their cart. Any subsequent refuse
containers not provided by the City or the Contractor shall not exceed 35-gallon
capacity. Any style subsequent container appropriate for manual or automated
lifting is acceptable if it is stickered.
C. Recyclable materials set out for collection will not require a waste disposal sticker
attached and will be collected and taken to the appropriate location. Residents
may place unlimited amounts of acceptable recyclable materials for collection by
the Contractor.
D. Yard waste and organic materials set out for collection will not require a waste
disposal sticker attached and will be collected and taken to the appropriate
location. Residents will be allowed to place unlimited yard waste and organic
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material out for collection between April 1" and the Friday of the first full week of
December.
5. Place of Pick-Up
The Contractor is responsible for public curbside pick-up of all residential locations, or
properly waivered residential private street locations, as well as designated City buildings,
community service and public litter container locations. Curbside households are
responsible for placing receptacles close to, but not encroaching, upon the public street
abutting the property from which they are provided and shall be no more than two feet from
the public street curb and easily accessible to the collector.
6. Placement of Containers
The Contractor shall return all containers at each service location close to, but not
encroaching upon the public street abutting the property from which they are serviced.
Containers will be placed, not thrown, and shall not be left lying on their sides, with all lids
replaced and/or closed. Any contents spilled on the parkways, premises, or streets are to
be cleaned up in a workmanlike manner. To clean up, a broom and shovel will be required
on each vehicle.
7. City-Managed Collection
The City will perform all billing and collection on program fees from properties for refuse,
recyclables, yard waste, and organic material and household hazardous waste and
electronic collection from all customers up to the base rate fee for 64-gallon containers,
excluding collection of fees for special pickups. The Contractor shall be responsible for
billing properties above the base rate 64-gallon fee for the use of 96-gallon containers or
additional refuse containers. The Contractor shall provide the weekly refuse, yard waste,
organic material and recyclable collection service specified in these documents, utilizing
the fee structure for the various wheeled cart container sizes and disposal stickers, at the
rates shown within EXHIBIT A contained herein and incorporated into this Agreement. The
Contractor shall establish an annual invoice process to properties for the service fees above
the base rate fee.
8. Payment for Services
The City shall pay to the Contractor for the services provided herein for the 35-gallon and 64-
gallon containers, the amounts provided per the schedule attached hereto and made a part
hereof as EXHIBIT A.
Within thirty (30) days of receipt of the Contractor's monthly invoice, the City shall pay the
Contractor for all services provided pursuant to this Agreement
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The Contractor shall receive payment for services, where noted, on a per household basis.
The number of households serviced under this Agreement will be adjusted quarterly(4 times
per year) in January, April, July, and October based on the number of new residential
occupancy permits issued by the City. The City shall provide such quarterly totals to the
Contractor electronically.
9. Invoices and Payments
The Contractor shall submit invoices to the City of Elgin detailing the services provided. The
City shall only pay for services rendered. Additional services may be added based on the
needs of the City with prior written approval. Invoices shall be delivered, unless otherwise
directed to:
City of Elgin
Re: Aaron Neal—Director of Public Works
Public Works Department
1900 Holmes Road
Elgin II, 60123
10. Compensation From the Property Owner of Tenant
The Contractor can negotiate directly with the property owner or tenant of a premises for any
refuse collection and disposal service in excess of the basic minimum as provided by the
City unless service rendered is contained within a fee structure included within this
Agreement.
Special Pick-Ups
Any residents wanting to dispose of large quantities of refuse, yard waste, and/or
construction debris shall have the ability to obtain competitive prices for such services from
local based Contractors and select any Contractor they desire to perform such services.The
resident will be responsible for the payment of said services.
11. Holidays
Collections normally falling on the following holidays may be rescheduled for the first
working day following the legal holiday, or on Saturday, as necessary, for the week only:
• New Year's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
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• Christmas Day
12. Citizen Complaint Resolution and Missed Pick-Ups
The Contractor shall promptly investigate and courteously resolve all complaints of missed
pick-ups and shall arrange for the collection of missed pick-ups found to be valid within
twenty-four (24) hours after a complaint or notification is received. In the event this occurs
on a Friday, the complaint shall be serviced by the end of the next scheduled business day.
If the event occurs on a day preceding a holiday the complaint shall be serviced on the next
business day. The Contractor and the City agree to jointly establish reasonable
administrative regulations for the investigation and resolution of alleged missed pick-ups.
In the event of valid complaints for other incidents, including, but not limited to materials
dropped during collection, and the like that are not cleaned up by the Contractor, the
Contractor shall promptly arrange for clean-up within twenty-four (24) hours after a
complaint or notification is received.
The Contractor shall maintain a daily log of complaints received using an agreed upon form.
A copy of these complaints and their resolution shall be provided to the City upon request.
The Contractor shall have at a minimum three (3) customer service representatives logged
into the City's constituent relationship management application (Salesforce) to facilitate
communication about daily activities.
The City requires one (1) full-time route supervisor, in addition to the three (3) customer
service representatives, always assigned and present within the City under the terms of this
Agreement. This full-time route supervisor shall have access to a marked Contractor
vehicle. This employee shall be the first contact from the City to the Contractor relating to
any routes service request issues, and said employee shall be able to review, correct, and
assign service requests to route drivers in the field.
13. Business Offices and Web Portal
The Contractor shall establish and maintain an office with three(3)staffed customer service
representatives with local or toll-free numbers through which they can be contacted,
complaints can be made, service requests can be made, and instructions received from the
City. The office shall be equipped with sufficient telephones and shall have a responsible
person in charge during collection hours. This service shall be operated between the hours
of 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays
preceding observed holiday weeks when service is delayed by one day, and service is taking
place, and except during holidays listed in Article III, Section 11, or as otherwise directed by
the City. The Contractor shall identify the location of the office and fleet yard area that will
be used to service the City.
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The Contractor shall establish an electronic option to register complaints and submit
service requests. Service requests shall include but not be limited to container upgrades,
requests for and repair of containers, missed pickups, and special collections. The City
requires a quarterly report on all service requests made to the Contractor directly to include
type of request and resolution.The electronic option for residents whether, it be a web portal
or smart device application, shall be procured and maintained by the Contractor. The City
shall have access to the data related to submissions to said electronic option associated
with this Agreement.The Contractor shall require that participants provide a service request
location.
The web portal and or smart device application shall be available by June 1, 2025.
Additionally, the City shall be provided with a telephone number of a Contractor's
representative with the authority to commit resources in an emergency or unusual
circumstance, twenty-four (24) hours a day, seven (7) days a week.
14. Consumer Education
The Contractor shall develop and implement a public awareness program. The Contractor
shalt be responsible for the cost of the education material and for its distribution.This public
awareness program shall include, but not be limited to the publication and mailing of a
bilingual (English & Spanish) brochure with information about the City's Solid Waste,
Recycling Yard Waste and Organics Program once annually throughout the term of this
Agreement at a time determined by the City. These publications shall at a minimum include
annual service costs, highlight program offerings, and illustrate how materials are to be
prepared for collection with emphasis on the importance of recycling and waste reduction.
The City requires the Contractor to provide a "coming soon" brochure prior to the January 1,
2025, inception of this Agreement followed by one (1) additional informational brochure or
postcard mailed in June of 2025 to all properties. Additional annual one (1) time mailings
will begin in 2026.
Other means of educational materials, such as social media posts, electronic distribution
of information and brochures must be made available to the City upon request. The
Contractor shall maintain downloadable resources for the City to access from its website.
The Contractor shall establish a company website specifically for the City of Elgin.
The City reserves the right to ask for up to one additional piece of educational material
annually to be included within our water billing system as "stuffers" or "inserts" in addition
to the direct mailer noted above.
All consumer education material must be approved by the City prior to printing and
distribution. The City reserves the right to edit all consumer education material for content.
All costs associated with producing and distributing the consumer education materials will
be the sole responsibility of the Contractor.
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The Contractor agrees to provide the City with additional such educational materials as the
City deems necessary.
The Contractor further agrees to avail itself of a representative of their firm to participate in
City functions as part of this Agreement. The City shall provide advanced notice to the
Contractor of such in-person participation requirements. The Contractor shall be expected
to and shall attend certain special events, community events, and participate in the City's
Sustainability Commission meetings as needed upon request of the City.
The Contractor shall also provide notices left at resident's property clearly explaining the
reason(s) services (refuse, organics, yard waste, or recycling collection) were not provided
and what actions, if any, can be taken by the resident in the future to insure collection of
materials. Such notices are to be written, designed, and printed by the Contractor but shall
be approved in advance of their use by the City.
Special circumstances such as a change to federal, state, or local laws, may dictate the
need for additional public information materials to be created and distributed. The City will
work with the Contractor to determine if additional public information materials are
necessary.
15. Recycling Audits
The Contractor shall at a minimum,conduct a recycling material audit of materials collected
from properties within the scope of this Agreement. Any such audit shall take place at a
facility commonly referred to as a "transfer station" to best determine the origins of
materials. Such audits shall be done to establish baseline metrics towards the City's
recycling program and towards the creation of educational materials towards recycling
program improvements.
16. Data Collection
The Contractor shall collect and maintain accurate data, records, and receipts, and shall
report to the City pertinent data, including but not limited to:
• Service Requests Completed (broken out by completion day and location)
• Total tons of refuse collected per month from all curbside stops.
• Total tons of recyclables collected per month from all curbside stops.
• Total tons of organic/landscape waste collected per month.
• Total number of white goods collected per month.
• Total number of disposal stickers sold per month.
• Total tons of solid waste collected per community clean-up.
• Total tons of street sweepings disposed of per month.
• Additional statistical information as may be reasonably requested by the City.
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This data shall be provided to the City monthly and shall be provided in a format acceptable
to the City.
17. Collection of City Owned Facilities and Parks
At no additional cost to the City, the Contractor shall collect, transport, and dispose of all
refuse, organics and recyclables from City owned facilities and parks as set forth in EXHIBIT
C, attached hereto and incorporated herein by this reference. The Contractor shall furnish,
at no additional cost to the City,at each municipal facility or park dumpsters and/or wheeled
refuse and recycling carts as specified herein. All containers furnished by the Contractor
shall be equipped with non-removable hinged covers or lids.
Certain City facilities require special collections, including but not limited to the Elgin Sports
Complex, Trout Park, Lords Park, Wing Park and the Center City area. Each spring and fall
when requested, at no additional cost to the City, each facility shall be furnished with green
waste roll offs in lieu of collection of the standard green waste container. Weekend service
shall be provided when requested at no additional cost. At no additional cost the sports
complex shall be serviced by 20-yard refuse and recycling roll offs from April through
November 1st.
Any schedule changes must be approved in advance by the City.
The City reserves the right to change services levels and to add new services as necessary
to existing city-owned facilities as well as new facilities that may be built or acquired during
the life of this Agreement at no additional cost to the City.
18. Collection of Public Refuse and Recycling Containers in Rights-of-Way
The Contractor shall provide regular collection of the public refuse and recycling containers
located at twenty-six (26) locations within the City's right-of-way, which are included in
EXHIBIT D, attached hereto and incorporated herein by this reference.
The City reserves the right to change services levels and/or add new service locations as
necessary during the life of this Agreement at no additional cost to the City.
19. Recycling Drop Off Center
The Contractor shall provide, at no additional cost, a drop-off recycling center at a location
acceptable to the City located within one mile of the corporate boundaries of the City. This
drop-off location shall accept all of the recyclable items collected in the curbside collection
program.
Staffing of the drop-off recycling center shall be at the discretion of the Contractor.
Contractors shall provide a non-price proposal detailing the proposed location and
operational plan for the drop-off recycling center. The drop-off recycling center shall be
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made available to all Elgin residents including Elgin residents not participating in the
curbside collection program.
20. Refuse Drop-Off and Electronic Recycling Events
The Contractor shall host, at no additional cost to the City, up to one (1) refuse drop-off
events within one mile of the municipal boundaries of the City each year. This event shall
accept all refuse included in the curbside program as well as the ability to bring bulk items
too large for the curbside program, electronics for recycling, and documents for secure
destruction.
The Contractor,at their discretion,can charge each participatingvehicle a fee to participate.
The Contractor may designate a separate rate for commercial vehicles.
The refuse drop-off events shall be made available to all Elgin residents including Elgin
residents not participating within the curbside collection program.
21. In-Kind Services
The Contractor shall provide an "in-kind" service allowance of$60,000 annually to support
events through the year. In-kind services are to cover the cost associated with waste,
recycling, portable toilets, and handwashing stations utilized during City events upon the
request of the City. The value of the in-kind service shall be based upon the prices included
in this Agreement.A monthly report shall be provided to the City outlining"in kind"services,
and the remaining balance of the total amount.
22. Supplemental"Green" Initiatives
The Contractor shall provide a check payable to the "City or Elgin" in the amount of$25,000
between January 1 and March 31 on an annual basis for the term of this Agreement. The City
shall use these funds towards projects or initiatives which support green initiatives in the
City. Examples of such uses include the planning of trees or the hosting of recycling events
that are beyond the scope of this Agreement.
23. Holiday Tree Collection
The Contractor shall provide a special collection for holiday trees and other holiday greens
for a three-week period beginning on the first business day after December 25 annually.The
Contractor agrees to perform this once per year service at no charge to either the City or
customers during the entire term of this Agreement. All holiday trees and other holiday
greens will be disposed of in the same manner as yard waste and organic material.
The Contractor agrees that this service shall additionally include holiday tree collection as
defined above between January 1, 2025, through January 17, 2025, in the manner provided
in this Section.
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24. Utilization of Additional Services
The City has the right and option to utilize additional services of the Contractor during the
term of this Agreement. The Contractor shall provide the following services for the agreed
upon rates and payment terms set forth herein.
A. Electronic Recycling and Household Hazardous Waste Collection
Description of Services
The purpose of this program is to provide year-round access to household hazardous
waste (HHW) and electronic disposal services at all curbside stops.
The Contractor shall provide a toll-free hotline and electronic method of requesting
service.Acceptable electronic methods include but are not necessarily limited to an
email address (the email address name to be approved by the City), web portal, or
smart device application.
All curbside stop residences within this Agreement shall have access to an HHW and
electronic recycling program which allows for unlimited collection of such materials
from each property with a limit of seven (7) electronic items per visit.
The Contractor shall provide HHW and Electronic Recycling program details which
will be offered within the scope of this Agreement.
City-owned electronics recycling shall be collected at no cost under the terms of this
Agreement. Items shall include but are not limited to computers, monitors, printers,
and other devices being placed out of service that meet the criteria of electronic
recycling made available to the community. The City will work with the Contractor to
establish total volume of City-owned electronic devices scheduled for pick up.
Payment for Services
The Contractor shall bill the City directly for the base level of service provided to each
resident in accordance with EXHIBIT A.
The monthly fee for this service will be in addition to the base rate fee structure for
waste and recycling collection and applied to each curbside stop billing account by
the City. This will not be an opt in program rather all curbside stops will be billed the
same every month.
B. Special Event Services
Description of Services
The Contractor shall provide regular and ADA accessible portable toilets, hand
washing units, roll-off dumpsters, and refuse and recycling containers for various
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festivals, parks and other special events sponsored by the City. These festivals are
normally arranged and staffed by non-profit and community groups, who are
responsible for the collection of refuse and recycling at these events. Recycling
services shall include, but not be limited to, cardboard recycling and commingled
container recycling.
Specific details regarding the number, location, and servicing of toilets, dumpsters,
and other facilities will be provided through arrangements with the festival organizers
and by the City.
Payment for Services
The Contractor shall receive payment for all services described in this section
through single-event invoice statements to the City in accordance with EXHIBIT A.
These statements will detail the sizes of dumpsters delivered, amount of service
required, and number of refuse and recycling containers utilized.
C. Community Clean-Ups
Description of Services
The Contractor shall provide collection and disposal of refuse collected as part of the
City's stream/river clean-ups, Community Restitution Program and other
neighborhood clean-ups.
Payment for Services
The Contractor shall receive payment for all services described in this section
through single event invoice statements to the City in accordance with EXHIBIT A.
These statements will detail the sizes of dumpsters delivered, amount of service
required, and number of refuse and recycling containers utilized.
D. Street Sweeping Disposal
Description of Services
The Contractor shall provide a sufficient number of roll-off dumpsters on an as
needed basis, at locations to be designated by the City, for the disposal of all street
sweepings generated as part of the City's daily operations typically during the
months of April through December.The Contractor will be responsible for picking up
and delivering containers within twenty-four hours after having received a request
from the City for service.
Payment for Services
The Contractor shall receive payment for these services through a separate monthly
invoice to the City. Payment will be based on the number of tons disposed of in
accordance with EXHIBIT A.
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E. Fall Leaf Collection
Description of Services
The Contractor shall provide the City with up to eight, thirty-yard roll-off dumpster
trucks with drivers daily to assist with on-street leaf collection during the fall leaf
collection season (typically defined as a six-to-eight-week continuous period,
Monday through Thursday, during the months of October, November, and early
December). The City will notify the Contractor of the exact number of trucks needed
for the next day by noon of the preceding day during the fall leaf collection season.
Payment for Services
The Contractor shall receive payment for roll-off truck and driver services described
in this section through monthly invoice statements to the City in accordance with
EXHIBIT A. The Contractor will also be responsible for providing up to two, thirty-yard
roll-off dumpsters daily, as needed, at no additional charge to the City, to dispose of
leaves at Bluff City Cemetery, Trout Park, Lords Park, Center City (downtown), and
Wing Park.
The City of Elgin will provide a disposal site and pay tipping fees for all leaves
collected during the designated time.
F. Disaster Clean-Up Services
Description of Services
In the event a disaster, as declared by the City, strikes the City resulting in excessive
amounts of refuse, in the City's sole discretion, the Contractor will arrange for
additional vehicles and employees to maintain a normal collection schedule or a
closely-related schedule agreeable to the City.The Contractor will be responsible for
servicing the community in a timely manner, within one week of the disaster and
provide supplemental staff and equipment as determined by the City to assist in
cleanup efforts.
The City is dedicated to the proper disposal of materials requiring such service.
However, the Contractor is expected to assist the City in encouraging recycling and
drop-off alternatives for other materials that may be discarded by the public following
a disaster (items such as appliances and brush). In order to ensure the proper
handling, recycling, or disposal of all materials generated by a disaster, the
Contractor will service the community primarily through curbside collection and the
City will designate if and where any dumpsters will be placed.
Payment for Services
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The Contractor shall provide an hourly fee to be paid for the services based on the
additional level of service required, the volume of material disposed, the number of
vehicles servicing the area, and extended hours of operation in accordance with the
prices set forth in EXHIBIT A. This fee will be in addition to the cost associated with
the normal service already provided for through the general contract.The Contractor
will be responsible for providing all necessary data and a separate invoice for the
disaster clean-up service.
G. Property Maintenance Clean-Ups
Description of Services
In the event that property owners fail to comply with the City's solid waste program
regulations,the City must take corrective action to remove miscellaneous refuse and
debris that has been left on the treebank area of the property in order to ensure the
health and safety of the public.
Within twenty-four hours of the receipt of a request from the City, the Contractor
shall collect and dispose of refuse from specific properties located within the City
limits. The Contractor will not be expected to enter onto private property to conduct
these clean-ups. It is the City's expectation that the property shall be left completely
free of refuse and debris upon completion of the clean-up.
Payment for Services
The Contractor shall receive payment for these services through a separate monthly
invoice to the City. Payment will be based on the number of tons removed from each
site, which per ton rate shall include any labor and equipment costs, in accordance
with EXHIBIT A
H. Street Sweeping Services
Description of Services
The Contractor shall provide street sweeping services to the City upon request, and
availability.
Payment For Services
An hourly rate shall be established which includes charges for the Contractors labor,
equipment, and fuel in accordance with EXHIBIT A. A two (2) hour minimum hourly
rate will be charged with any street sweeping service provided. The City and the
Contractor may also mutually agree upon a flat rate charge for specific street
sweeping projects. In the event where a street sweeping rate is priced on the scope
of work, the two-hour minimum charge will be built into the flat rate.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of
the day and year first set forth above.
CITY OF EL N LAKESHORE RECYCLING SYSTEMS, LLC
By: l 4.‘ "(." By:
City Manager Vi President of Government Affairs
Attest: Attest:
City Cler Manager of Municipal Services
Legal Dept\Agreement\LRS-Waste Collection Agr-Clean-11-18-24.docx
39
Exhibits
A. 2025-2029 Price Schedule
B.Solid Waste, Recycling,Yard Waste and Organic Material Collection Map
C. Buildings, Facilities,&Parks Service Locations&Collection Schedule
D. Public Refuse Receptacle Service Locations&Collection Schedules
E. Host City Agreement with Waste Management of Illinois, Inc.for a Solid Waste Transfer Station
40
Base Program-Refuse and Recycling-Unlimited Organics and Yard Waste-2025-2029
Monthly Price Monthly Price
Refuse and Recycling Monday-Friday lx Weekly Curbside lx Weekly Curbside Refuse
Collection- *pricing does not contain Refuse Recycling and Recycling and Organics
HHW and Electronics Collection Organics Collection 35 Collection 64 Gallon
Gallon Wheeled Cart- Wheeled Cart-SINGLE
SINGLE FAMILY STOPS FAMILY STOPS
January 1,2025-December 31,2025 $21.00 $23.45
•
January 1,2026-December 31,2026 $21.84 $24.39
January 1,2027-December 31,2027 $22.71 $25.36
January 1,2028-December 31,2028 $23.59 $26.34
January 1,2029-December 31,2029 $24.46 $27.31
Electronic Waste and HHW Collection
Monthly Rate Per Stop
January 1,2025-December 31,2025 $1.50
January 1,2026-December 31,2026 $1.56
January 1,2027-December 31,2027 $1.62
January 1,2028-December 31,2028 $1.68
January 1,2029-December 31,2029 $1.75
Base Program Aggregate-Includes Base Rate Service and Electronic Waste and HHW Collection
_ **This is what Monthly Bills will Reflect 2025-2029
Monthly Price Monthly Price
Refuse and Recycling Monday-Friday lx Weekly Curbside lx Weekly Curbside Refuse
Collection-*pricing does not contain Refuse Recycling and Recycling and Organics
HHW and Electronics Collection Organics Collection 35 Collection 64 Gallon
Gallon Wheeled Cart- Wheeled Cart-SINGLE
SINGLE FAMILY STOPS FAMILY STOPS
January 1,2025-December 31,2025 $22.50 _ $24.95
January 1,2026-December 31,2026 $23.40 $25.95
January 1,2027-December 31,2027 $24.33 $26.98
January 1,2028-December 31,2028 $25.27 $28.02
January 1,2029-December 31,2029 $26.21 $29.06
Carts Fees-2025-2029 Managed By LRS
Upsize to Additional Additional Yard Waste
96-Gallon 64-Gallon 96-Gallon Organic Cart
Per Month Per Month Per Month Material Cart Swap
Fee Fee Fee 35,64 96 Gallon Fee
January 1,2025-December 31,2025 $2.80 $15.95 $18.75 0.00 $35.00
January 1,2026-December 31,2026 $2.91 $16.59 $19.50 0.00 $35.00
January 1,2027-December 31,2027 $3.03 $17.25 $20.28 0.00 $35.00
January 1,2028-December 31,2028 $3.14 $17.92 $21.06 0.00 $35.00
January 1,2029-December 31,2029 $3.27 $18.58 $21.84 0.00 $35.00
Base Proposal Rates-Pre Paid Disposal Stickers
Refuse and Yard Waste Sticker Per Sticker
January 1,2025-December 31,2025 $4.00
January 1,2026-December 31,2026 $4.16
January 1,2027-December 31,2027 $4.33
January 1,2028-December 31,2028 $4.49
January 1,2029-December 31,2029 $4.66
White Good Sticker _ Per Sticker
January 1,2025-December 31,2025 $30.00
January 1,2026-December 31,2026 $31.20
January 1,2027-December 31,2027 $32.45
January 1,2028-December 31,2028 $33.70
January 1,2029-December 31,2029 $34.94
Dumpster and Portable Restroom Services
10 Yard 15 Yard 20 Yard 30 Yard
Delivery Delivery Delivery Delivery
Dumpster Container Fees Fee Fee Fee Fee
January 1,2025-December 31,2025 $250.00 $250.00 $225.00 $225.00
January 1,2026-December 31,2026 _ $260.00 $260.00 $234.00 $234.00
January 1,2027-December 31,2027 $270.40 $270.40 $243.36 $243.36
January 1,2028-December 31,2028 $280.80 $280.80 $252.72 $252.12
January 1,2029-December 31,2029 $291.20 $291.20 $262.08 $262.08
Per Ton Disposal Fee
January 1,2025-December 31,2025 $60.00
January 1,2026-December 31,2026 $62.40
January 1,2027-December 31,2027 $64.80
January 1,2028-December 31,2028 $67.38
January 1,2029-December 31,2029 $69.89
Portable Restroom Fee Standard Accessible
January 1,2025-December 31,2025 $105.00 $125.00
January 1,2026-December 31,2026 $109.20 $130.00
January 1,2027-December 31,2027 $113.57 $135.20
January 1,2028-December 31,2028 $117.94 $140.40
January 1,2029-December 31,2029 $122.30 $145.60
Hand Washing Station Fee Standard
January 1,2025-December 31,2025 $125.00
January 1,2026-December 31,2026 $130.00
January 1,2027-December 31,2027 $135.20
January 1,2028-December 31,2028 $140.40
January 1,2029-December 31,2029 $145.60
Special Collection Services
Street Sweeping Dumpster Container
Fees Per Ton
January 1,2025-December 31,2025 $60.00
January 1,2026-December 31,2026 $62.40
January 1,2027-December 31,2027 $64.90
January 1,2028-December 31,2028 $67.39
January 1,2029-December 31,2029 $69.89
Street Sweeping Services-Labor and
Equipment Hourly
January 1,2025-December 31,2025 $200.00
January 1,2026-December 31,2026 $210.00
January 1,2027-December 31,2027 $220.50
January 1,2028-December 31,2028 $231.53
January 1,2029-December 31,2029 $243.10
Hourly Rate-1
Employee and 30
Fall Leaf Collection Yard Roll Off
January 1,2025-December 31,2025 $150.00
January 1,2026-December 31,2026 $156.00
January 1,2027-December 31,2027 $162.24
January 1,2028-December 31,2028 $168.48
January 1,2029-December 31,2029 $174.72
Hourly Rate-2
Hourly Rate-1 Employees and
Emergency Services Employee and Truck Truck
January 1,2025-December 31,2025 $150.00 $200.00
January 1,2026-December 31,2026 $156.00 $208.60
January 1,2027-December 31,2027 $162.24 $216.32
January 1,2028-December 31,2028 $168.48 $224.64
January 1,2029-December 31,2029 $174.72 $232.96
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BUILDINGS, FACILITIES&PARKS, NUMBER OF CONTAINERS,AND COLLECTION FREQUENCY
*Collection of city facilities is to be included within the program structure.
No additional fees for collection of municipal facility waste will be billed.
Key
096 FEL=96-gallon toter for refuse
C96=96-gallon toter for recycling
C64=64-gallon toter for recycling
2FL=2-yard container for refuse
2RY=2-yard container for recycling
4FL=4 yard container for refuse
4FY=4 Yard container for recycling
4RG=4 yard for yard waste
6FL=6yard container for refuse
6FY=6yard container for recycling
6RG=6 yard for yard waste
8FL=8 yard container for refuse
8FY=8 yard container for recycling
8RG=8 yard container for yard waste
Facility Serviced Number of Frequency of Pick up#of days
containers per week serviced
Elgin City of City Hall 2FL 2 YD FEL 2 5
150 Dexter Court _
Elgin City of City Hall 2FY 2 YD FEL RCY 2 3
150 Dexter Court
Elgin City of City Hall 096 96 GAL 1 0/C
150 Dexter Court FEL TOTER FEL
Elgin Police Department 2FL 2 YD FEL 2 5
151 Douglas Avenue
Elgin Police Department 2RY 2 YD REL RCY 2 3
151 Douglas Avenue
Elgin City of Public Works 6FY 6 YD FEL RCY 1 3
1600 Holmes Road
Elgin City of Public Works 8FL 8 YD FEL 1 3
1600 Holmes Road
Elgin City of Public Works 6RG 6 YD 1 3
1600 Holmes Road GRN/YDW _
Elgin City of Hemmens C64 64 GAL 2 0/C
Cultural Center TOTER FEL RCY
45 Symphony Way
Elgin City of Hemmens 2RY 2 YD FEL RCY 1 2
Cultural Center
45 Symphony Way
Elgin City of Hemmens 6FL 6 YD FEL 1 3
Cultural Center
45 Symphony Way
Elgin City of Water 2FL 2 YD FEL 1 1
Meter Shop
2 Slade Avenue
Elgin City of Water 2FY 2 YD FEL RCY 1 1
Meter Shop
2 Slade Avenue
Elgin City of Riverside 6FL 6 YD FEL 1 1
Treatment
375 West River Road
Elgin City of Riverside 2FY 2 YD FEL RCY 1 1
Treatment
375 West River Road
Elgin City of Riverside 096 96 GAL 2 1
Treatment FEL TOTER FEL
375 West River Road
Elgin City of Fire Station 1 2FL 2 YD FEL 1 1
550 Summit Street
Elgin City of Fire Station 1 096 96 GAL 2 1
550 Summit Street FEL TOTER FEL
Elgin City of Fire Station 1 C64 64 GAL 4 1
550 Summit Street TOTER FEL RCY
Elgin City of Fire Station 1 096 96 GAL 1 1
550 Summit Street FEL TOTER FEL
Elgin City of Fire Station 2 4FL 4 YD FEL 1 2
650 Big Timber Road
Elgin City of Fire Station 2 C96 96 GAL 4 1
650 Big Timber Road TOTER FEL RCY
Elgin City of Fire Station 3 2FL 2 YD FEL 1 1
2455 Royal Boulevard
Elgin City of Fire Station 3 C64 64 GAL 1 1
2455 Royal Boulevard TOTER FEL RCY
Elgin City of Fire Station 4 2FL 2 YD FEL 1 2
599 S McLean Boulevard
Elgin City of Fire Station 4 C64 64 GAL 1 1
599 S McLean Boulevard TOTER FEL RCY
Elgin City of Fire Station 5 2FL 2 YD FEL 1 1
804 Villa Street
Elgin City of Fire Station 5 C64 64 GAL 1 1
804 Villa Street TOTER FEL RCY
Elgin City of Fire Station 5 2FG 2 YD FEL 1 0/C
804 Villa Street GRN/YDW
Elgin City of Fire Barn 5 096 96 GAL 1 1
Museum FEL
533 Saint Charles Street
Elgin City of Fire Barn 5 CM 64 GAL 1 1
Museum TOTER FEL RCY
533 Saint Charles Street
Elgin City of Fire Station 6 2FL 2 YD FEL 1 1
707 W Chicago Street
Elgin City of Fire Station 6 096 96 GAL 2 1
707 W Chicago Street TOTER REC
Elgin City of Fire Station 7 CM 64 GAL 5 1
3270 Longcommon Parkway TOTER FEL RCY
Elgin City of Fire Station 7 2FL 2 YD FEL 1 1
3270 Longcommon Parkway
Elgin City of Wing Park 8RG 8 YD REL 2 3
1040 Wing Street GRN/YDW
Elgin City of Wing Park 2FL 2 YD FEL 1 1
1040 Wing Street
Elgin City of Wing Park 096 96 GAL 10 3
1040 Wing Street FEL TOTER FEL
Elgin City of Wing Park 4RG 4YD REL 1 3
Baseball Diamond GRN/YDW
1040 Wing Steet
Elgin City of Wing Park 096 96 GAL 32 1
Aquatic Center FEL TOTER FEL
1030 Wing Street
Elgin City of Wing Park 6RG 6 YD REL 1 3
Golf Course GRN/YDW
1010 Wing Street
Elgin City of Wing Park CM 64 GAL 1 1
Golf Course TOTER FEL RCY
1010 Wing Street
Elgin City of Sports 8FL 8 YD FEL 2 3
Complex
709 Sports Way
6YD REL 1 3
Elgin City of Sports 6RG GRN/YDW
Complex
709 Sports Way
Elgin City of Trout Park 096 96 GAL 30 3
576 Trout Park Boulevard FEL TOTER FEL
Elgin City of Trout Park 4FL 4 YD FEL 1 2
576 Trout Park Boulevard
Elgin City of Trout Park 4FY 4 YD FEL RCY 1 1
576 Trout Park Boulevard
Elgin City of Lords Park 8FL 8 YD FEL 2 3
325 Hiawatha Drive
Elgin City of Lords Park 6RG 6 YD REL 1 3
325 Hiawatha Drive GRN/YDW
Elgin City of Lords Park 096 96 GAL 26 3
325 Hiawatha Drive FEL TOTER FEL
Elgin City of Lords Park C64 64 GAL 1 1
Aquatic Center TOTER FEL RCY
325 Hiawatha Drive
Elgin City of Wright Ave 096 96 GAL 1 1
Park FEL
676 Wright Avenue
Elgin City of Cornerstone 096 96 GAL 1 1
Park FEL TOTER FEL
1540 Mulberry Lane
Elgin City of Gifford Park 096 96 GAL 1 1
335 DuPage Street FEL TOTER FEL
Elgin City of Grolich Park 096 96 GAL 6 1
37 Souster Avenue FEL TOTER FEL
Elgin City of Veterans 096 96 GAL 1 1
Memorial Park FEL TOTER FEL
274 N Grove Avenue
Elgin City of 096 96 GAL 1 1
Observatory Kiwanis Park FEL TOTER FEL
259 National Street
Elgin City of Powder 096 96 GAL 2 1
River Park FEL TOTER FEL
1985 Powder River Path
Elgin City Ryerson Park 096 96 GAL 3 1
355 S.State Street FEL TOTER FEL
Elgin City St Francis Park 096 96 GAL 1 1
277 Jefferson Avenue FEL TOTER FEL
Elgin City of Drake Field 096 96 GAL 1 1
701 Hastings Street FEL TOTER FEL
Elgin City of Central Park 096 96 GAL 1 1
225 S State Street FEL TOTER FEL
Elgin City of Century 096 96 GAL 2 1
Oaks Park FEL TOTER FEL
1300 N McLean Boulevard
Elgin City of Clara 096 96 GAL 8 1
Howard Park FEL TOTER FEL
448 Fremont Street
Elgin City College Green 096 96 GAL 3 1
Park FEL TOTER FEL
1900 College Green Drive
Elgin City of Douglas Ave 096 96 GAL 1 1
Park FEL TOTER FEL
261 Douglas Avenue
Elgin City of Eagle 096 96 GAL 4 1
Heights Park FEL TOTER FEL
1600 Eagle Road
Elgin City Burnidge 096 96 GAL 1 1
Woods Park FEL TOTER FEL
2050 Banks Drive
Elgin City Centre 4FL 4 YD FEL 1 1
100 Symphony Way
Elgin City of Recreation 8FL 8 YD FEL 1 1
Center
1080 E Chicago Street
Elgin City of Carlton 096 96 GAL 1 1
Rogers Park FEL TOTER FEL
55 N Spring Street
Elgin City of Shadow Hill 096 96 GAL 2 1
Park FEL TOTER FEL
340 Cassidy Lane
Elgin City of Sidewalk 2FL 2 YD FEL 1 1
Sweep
1600 Holmes Road
Elgin City of Sidewalk 4FL 4 YD FEL 1 1
Sweep
1600 Holmes Road
Elgin City of Prairie Park 096 96 GAL 1 1
301 Willard Avenue FEL TOTER FEL
Elgin City of Bowes Creek 8FL 8 YD FEL 1 3
Country Club
1250 Bowes Creek
Boulevard
Elgin City of Bowes Creek 10FL 10 YD FEL REC 1 3
Country Club
1250 Bowes Creek
Boulevard
Elgin of Cornerstone Park 10FL 10 YD FEL REF 2 1
1540 Mulberry Lane
Elgin City of Bluff City 4FL 4 YD FEL 1 1
Cemetery
945 Bluff City Boulevard
Elgin City of Bluff City C64 64 GAL 1 1
Cemetery TOTER FEL RCY
945 Bluff City Boulevard
Elgin City of Public 096 96 GAL 1 1
Museum FEL TOTER FEL
360 Park Street
Elgin City of Public 096 96 GAL 1 1
Museum FEL TOTER FEL RCY
360 Park Street
Elgin City of Public C64 64 GAL 2 1
Museum TOTER FEL RCY
360 Park Street
Elgin City of Baseball 4FL 4 YD FEL 1 2
American Little League
758 Summit Street
Elgin City of Baseball 096 96 GAL 15 1
American Little League FEL TOTER FEL
758 Summit Street
Elgin City of Baseball C64 64 GAL 12 1
American Little League TOTER FEL RCY
758 Summit Street
Elgin City of Baseball 4FY 4 YD FEL RCY 1 1
American Little League
758 Summit Street
Elgin City of Baseball 4FL 4 YD FEL 1 1
National Little League
709 Summit Street
Elgin City of Baseball 4FY 4 YD FEL RCY 1 1
National Little League
709 Summit Street
Elgin City of Baseball 096 96 GAL 23 1
National Little League FEL TOTER FEL
709 Summit Street
Elgin City of Baseball 4FL 4 YD FEL 1 2
Classic Little League
900 N State Street
Elgin City of Baseball 4FY 4 YD FEL RCY 1 1
Classic Little League
900 N State Street
Elgin City of Baseball 096 96 GAL 8 1
Classic Little League FEL TOTER FEL
900 N State Street
Elgin City of Baseball 4FL 4 YD FEL 1 2
Continental Little League
601 S State Street
Elgin City of Baseball 4FY 4 YD FEL RCY 1 1
Continental Little League
601 S State Street
Elgin City of Baseball C64 64 GAL 10 1
Continental Little League TOTER FEL RCY
601 S State Street
Elgin City of Baseball 096 96 GAL 27 1
Continental Little League FEL TOTER REL
601 S State Street
Elgin City of Highland 8FL 8 YD FEL 2 3
Golf Course
875 Sports Way
Elgin City of Highland 6RG 6 YD GRN/YW 2 3
Golf Course
875 Sports Way
Elgin City of Centre 2FL 2 YD FEL 7 4
100 Symphony Way
Elgin City of 096 96 GAL 1 1
Millenium Park FEL TOTER FEL
725 Red Barn Lane _ __
Elgin City of Randall Ridge 096 96 GAL 1 1
Park FEL TOTER FEL
2835 Winchester Drive
Elgin City of Willow Bay 096 96 GAL 1 1
Park FEL TOTER FEL
1075 Annandale Drive
Elgin City of Parks and 2FL 2 YD FEL 1 2
Recreations
100 Symphony Way
Elgin City of Trinity Terrace096 96 GAL 5 1
Park FEL TOTER FEL
540 Trinity Terrace
Elgin City Adopt a 096 96 GAL 1 1
Highway FEL TOTER FEL
1600 Holmes Road
Elgin City of Slade Ave 096 96 GAL 2 1
Park and Boat Launch FEL TOTER FEL
6 Slade Avenue
Elgin City of Settlers Park 096 96 GAL 10 1
3046 Sutton Street FEL TOTER FEL
Elgin City of Metra Station 8FL 8 YD FEL 1 3
(for city crews)
85 National Street
Elgin City of Metra Station 6RG 6 YD GR/YW 1 3
(for city crews)
109 W Chicago Street
PUBLIC REFUSE RECEPTACLE SERVICE LOCATIONS
Westside
NW corner of S. State and Locust
NE Corner of Locust and S. Crystal
SE corner of W. Chicago and S. Crystal
SW corner of N.Crystal and W. Highland
NW corner of Lyle and Grandstand
SE corner of State and Walnut (113 Walnut)
NE corner of Larkin and McLean
NE corner of W. Chicago and S.Jackson
SE corner of Locust and Mosley
Island at S. Edison and Sunset Dr. (just south of South St.)
NE corner of McLean and Van
Lilac and Mulberry Ln. (eastside of street by vacant lot)
SE corner of W. Highland and Jackson
SW corner of W. Highland and Lynch
SW corner of S.Jackson and South St
NE corner of S.Jackson and Locust
Eastside
SW corner of Ann and Center
NE corner of Geneva and E.Chicago
SW corner of Gifford and Hickory
58 S. Geneva (parking lot across the street)
SW corner of Gifford and Dupage Ct.
NW corner of Ann and Gifford
431 Summit St
SE corner of Franklin and Hill
NW corner of Chapel and Dupage
SE corner Franklin and College
NE corner of Channing and Laurel
•
Resolution No. 04-200
RESOLUTION
AUTHORIZING EXECUTION OF A HOST CITY AGREEMENT WITH
WASTE MANAGEMENT OF ILLINOIS, INC. FOR A
SOLID WASTE TRANSFER STATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS, that
David M. Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a Host City Agreement on behalf of the City of Elgin with Waste Management of
Illinois, Inc. for a Solid Waste Transfer Station,a copy of which is attached hereto and made a part
hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 14, 2004
Adopted: July 14, 2004
Vote: Yeas: 4 Nays: 2
Attest:
s/Dolonna Mecum •
Dolonna Mecum, City Clerk
1
r
HOST CITY AGREEMENT
This Host City Agreement (the "Agreement") is made this i 444 day of July, 2004, by and
between WASTE MANAGEMENT OF ILLINOIS, INC., a Delaware corporation authorized to
do business in Illinois ("Waste Management"), and the CITY OF ELGIN, an Illinois municipal
corporation("City").
WITNESSETH:
WHEREAS, Waste Management is the lessee of(with option to purchase) approximately
15 acres of property located south of U.S. Route 20 and Bluff City Boulevard, in the City of
Elgin, Illinois (the "City"), with the approximate location thereof being depicted on the Concept
Plan prepared by Land Vision, Inc. dated June 7, 2004, a copy of which is attached hereto as
Exhibit A (the "Transfer Station Site"). The exact legal description of the Transfer Station Site
shall be inserted into Exhibit A by the attorneys for the parties once determined; and
WHEREAS, Waste Management plans to file with the City a request for siting approval
to construct and operate on the Transfer Station Site a waste transfer station ("Transfer Station");
and
WHEREAS, Waste Management and the City have agreed to enter into this Agreement
prior to Waste Management filing its application for local siting approval for the Transfer
Station; and
WHEREAS, the City has not, by entering into this Agreement, predetermined whether it
will grant or deny siting approval for the Transfer Station or whether Waste Management can (or
cannot) satisfy any of the criteria related to siting approval, and the City retains all of its authority
in respect of siting approval in accordance with Section 39.2(a) of the Illinois Environmental
C:\Documents and Settings\abilthou.WM\Local Settings\Temporary Internet Files\OLK6S\Waste Management-Host City Agreement-v3 doc
Protection Act ("Act"), 415 ILCS 5/39.2(a) and the City of Elgin Siting Ordinance, Chapter 9.33
of the City's Municipal Code; and
WHEREAS, if the Effective Date occurs, then Waste Management is willing to pay the
Host Benefit Fee, as hereinafter set forth, to the City to assist the City in respect of the costs
associated with the Transfer Station, but such fees may be used for the City's general municipal
purposes or such other lawful public purposes as solely determined by the City; and
WHEREAS, capitalized terms not otherwise defined herein shall have the meaning given
in Section 3.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereby agree as follows:
1. Incorporation of Recitals.
The Parties agree that the foregoing recitals are material to this Agreement and are
hereby incorporated and made a part of this Agreement as if they were fully set forth herein.
2. Property Covered.
This Agreement applies to the Transfer Station Site, which is legally described on
Exhibit A attached hereto.
3. Definitions and Permitted Waste.
a. For the purpose of, and regardless of where they appear, in this
Agreement, the following capitalized terms shall have the following meanings:
"Act" means the Illinois Environmental Protection Act, 415 ILCS 5/ 1 et seq.
"Agreement" shall have the meaning given in the preamble.
"City" shall have the meaning given in the preamble.
"City Waste Contractor" shall have the meaning given in Section 10.
2
"Costs" shall have the meaning given in the Section 11.a.
"Disposal" means any treatment, storage or disposal of Waste.
"Effective Date" means the date on which Waste is first received at the Transfer Station
to be transferred for Disposal.
"Event of Default" shall have the meaning given in Section 17.a.
"Hazardous Waste" shall have the meaning given in Title 1, Section 3 of the Act.
"Host Benefit Fee" shall have the meaning given in Section 5.c.
"IEPA" shall have the meaning given in the recitals.
"Index" shall have the meaning given in Section 5.c.
"Industrial Site" shall mean the land which was the subject of the City's •Planned
Development Ordinance G57-03. The Transfer Station will be situated on approximately 15
acres of the Industrial Site.
"Landscape Waste" shall have the meaning set forth in 415 ILCS 5/3.270.
" Waste Management" shall have the meaning given in the preamble.
"Municipal Waste" shall have the meaning given in Title 1, Section 3 of the Act.
"Permitted Truck Routes" shall have the meaning given in Section 7.a.
"Received Waste" means any Waste received at the Transfer Station that is transferred for
Disposal, excluding Landscape Waste and Recyclable Materials.
"Recyclable Materials" means any material received at the Transfer Station that is
transferred for recycling and reuse and not for Disposal.
"Regional Utility Improvements" shall have the meaning given in Section 14.b.
"Special Waste" shall have the meaning given in Title 1, Section 3 of the Act, excluding
potentially infectious medical waste and Hazardous Waste.
3
"Termination Date" shall have the meaning given in Section 24.
"Total Waste" means all of the Waste received at the Transfer Station plus all Special
Waste and all Recyclable Material.
"Transfer Station" shall have the meaning given in the recitals.
"Transfer Station Site" shall have the meaning given in the first Recital.
"Waste" shall have the meaning given in Title 1, Section 3 of the Act, including but not
limited to, Municipal Waste and Special Waste,
b. Waste Management covenants and agrees that the Transfer Station shall
receive only Municipal Waste, Landscape Waste, Recyclable Materials and, at the sole and
exclusive discretion of Waste Management, Special Waste. Waste Management covenants-and
agrees that the Transfer Station shall not accept Hazardous Waste and it shall not accept
potentially infectious medical waste.
4. Limitation on Transfer Capacity.
Waste Management covenants and agrees that it shall not receive at the Transfer
Station more than 1,500 tons of Total Waste per day (calculated on a rolling twelve (12) month
average), except with the prior written approval of the City Council or such other person
designated in writing by the City Council; provided however, in no event shall the Transfer
Station receive during any day more than 2,000 tons of Total Waste.
5. Host Benefit Fee.
Waste Management shall pay a Host Benefit Fee to the City as follows.
a. The Host Benefit Fee shall be payable by Waste Management to the City
commencing on the Effective Date and continuing thereafter as provided in this Agreement, and
in consideration of such Host Benefit Fee, the City agrees that so long as Waste Management
4
pays the Host Benefit Fee hereunder the City will not levy any additional fees or taxes or increase
the amount of fees or taxes assessed on Waste Management, the Transfer Station Site or any of
the operations conducted thereon; provided,however, the foregoing restriction on the levy of any
additional fees or taxes by the City shall not apply to: (i) any fee or tax which is uniformly
assessed upon all members of a class of taxpayers of which Waste Management is a member,
other than a class of taxpayers that is based on ownership or operation of a waste transfer station
or solid waste management facility, (ii) real estate taxes, (iii) ad valorem taxes similarly assessed
on other property or operations, (iv) utility taxes, (v) telecommunications taxes, (vi) water and
sewer connection fees and water and sewer user fees, (vii) any other fee or tax which Waste
Management is obligated to pay pursuant to county, state or federal law, or pursuant to.the laws
or regulations of any governmental entity with jurisdiction and(viii) sales taxes.
b. The Host Benefit Fee shall be payable by Waste Management to the City
for(i) each ton of Received Waste and (ii) each ton of Recyclable Materials in excess of 500 tons
of such Recyclable Materials per day(calculated on average for the most recent quarter).
c. The initial host benefit fee ("Host Benefit Fee") shall be equal to One
Dollar Eighty Cents ($1.80) for (i) each ton of Received Waste and (ii) each ton of Recyclable
Materials in excess of 500 tons of such Recyclable Materials per day (calculated on average for
the most recent quarter). On the earlier of(i) January 1, 2007 and (ii) January 1 following the
first twelve (12) month period after the Effective Date, and in each case on every January 1st
thereafter, the Host Benefit Fee shall be adjusted by the percentage of increase during the
previous year in the Revised Consumer Price Index for All Urban Consumers for Chicago,
Illinois, as such rate is published from time to time by the United States Department of Labor
Statistics ("Index"); provided however, in no event shall the Host Benefit Fee rate decrease. The
5
annual adjustment for years after the first annual adjustment shall be based on the amount of the
adjusted Host Benefit Fee from the previous year. If the Index shall cease to be published, the
parties shall mutually agree upon a substitute index, which is comparable to the Index, and which
shall then be used for determining the annual rate of adjustment.
d. The Host Benefit Fee shall be due and payable by Waste Management to
the City each calendar quarter, no later than the 30th calendar day after the end of each calendar
quarter: No later than ten (10) calendar days after the end of each calendar quarter, Waste
Management shall prepare and submit to the City's Solid Waste Coordinator a statement
containing the following information in reasonably sufficient detail to allow the City to
independently calculate the amount payable by Waste Management to the City under..this
Agreement:
(1) For each day during the calendar quarter the amount (in tons) of: (i)
Waste transferred from the Transfer Station for Disposal, and (ii)
Recyclable Material transferred from the Transfer Station for
recycling, and (iii) Landscape Waste transferred from the Transfer
Station.
(2) For each day during the calendar quarter, the hours of operation for
the Transfer Station.
(3) The amount of Received Waste transferred from the Transfer
Station for Disposal or recycling during such calendar quarter, and
the total Host Benefit Fee payable on Recyclable Materials
transferred from the Transfer Station for recycling during such
calendar quarter.
6
e. The City shall have the right to inspect, audit, and contest any
determination that the Host Benefit Fee was not payable on any Received Waste transported from
the Transfer Station. The City may dispute any statement submitted by Waste Management
within two (2) years of receipt of such statement. In any dispute, the parties agree that if Waste
Management has failed to maintain the records required under this Agreement, Waste
Management shall carry the burden of proving that the Host Benefit Fee was not payable on any
Received Waste. During the pendency of any dispute, the Host Benefit Fee shall continue to be
payable by Waste Management and Waste Management shall in all events pay the undisputed
portion of the Host Benefit Fee.
6. Hours of Operation.
Waste Management shall accept Waste and Recyclable Material at the Transfer Station
only during the hours from 4 a.m. to 8 p.m., Monday through Saturday. The Transfer Station
shall be closed on Sunday.
7. Permitted Truck Routes.
a. Trucks that are owned, operated or controlled by Waste Management shall
travel to and leave from the Transfer Station using the following routes (hereinafter the
"Permitted Truck Routes"), except as may be necessary for the collection of Received Waste and
Recyclable Material from properties located within two miles of the Transfer Station:
(1) Transfer trailers leaving the Transfer Station shall go north on the
internal private road on the site to Bluff City Boulevard; east on
Bluff City Boulevard to Route 20; trucks shall exit the corporate
limits of the City on Route 20.
7
(2) Transfer trailers, and collection trucks to the extent reasonably
practicable, traveling to the Transfer Station from the North shall
enter the existing corporate limits of the City on Route 20 and
proceed to Bluff City Boulevard; west on Bluff City Boulevard to
the internal private road; then south on the internal private road to
the Transfer Station.
(3) Transfer trailers and collection trucks to the extent reasonably
practicable, traveling to the Transfer Station from the South shall
proceed Route 20 via Illinois State Routes 25 or 31; then on said
Route 20 to Bluff City Boulevard; then west on Bluff City
Boulevard to the internal private road; then south on the internal
private road to the Transfer Station.
Notwithstanding the foregoing, collection trucks serving properties within a two-mile
radius of the Transfer Station may make use of other local roads (subject to applicable
weight limits).
b. Waste Management shall direct the owners and operators of trucks that
Waste Management does not own, operate or control that such trucks shall use only the Permitted
Truck Routes to and from the Transfer Station, except as may be necessary for the collection of
Received Waste or Recyclable Material from properties located within two miles of the Transfer
Station.
c. The parties agree that Bluff City Boulevard from Gifford Road on the
west to Highway 20 on the east is an 80,000 pound truck route under the jurisdiction of the City.
8
The City shall post and maintain the appropriate 80,000-pound truck route signs along Bluff City
Boulevard.
8. Reimbursement of City Expenses.
a. Waste Management shall pay on behalf of the City or reimburse the City
for all reasonable and necessary expenses incurred in (i) conducting the review of the siting
application, (ii) conducting any public hearings, (iii) making the siting decision, and/or (iv)
responding to any appeal of the siting decision by any person (including Waste Management),
including but not limited to as to each of the foregoing the costs of any consultants, attorneys or
hearing officer retained by the City who are not also employees of the City, costs of court
reporting and transcripts for any public hearings, and witness fees. The City shall periodically
submit to Waste Management a detailed accounting of all payables to be paid by Waste
Management or expenditures to be reimbursed by Waste Management pursuant to this Section 8.
Waste Management shall pay such expenses or reimburse such expenditures within forty-five
(45) days of receipt of request from the City.
b. The provisions of this Section 8 shall become effective and binding upon
Waste Management upon the date of execution of this Agreement by both parties, and/or shall
survive the termination and/or expiration of this Agreement until all of the expenses described in
Section 8.a have been paid in full.
9. Transfer Station Operations.
a. Waste Management shall be permitted to use the Transfer Station Site for
the indoor and outdoor storage and parking of vehicles and equipment necessary or useful in
conducting the operations conducted on the Transfer Station Site, said vehicles and equipment
including but not limited to containers, trailers, and collection vehicles.
9
b. Waste Management shall be permitted to park loaded and unloaded
transfer trailers, containers, and collection vehicles on the Transfer Station Site, whether inside or
outside the Transfer Station building inside a fenced area. Waste Management shall cause all
parked loaded transfer trailers and loaded containers to be covered at all times that they are not
under roof.
c. All Waste shall be removed from the Transfer Station within 24 hours of
receipt; provided however, Waste may be stored at the Transfer Station for more than 24 hours if
(i) such 24-hour period occurs over a Saturday, Sunday or holiday, (ii) the Waste is stored in
tarped or similarly covered transfer trailers and/or containers all of which are parked inside-the
Transfer Station building, and(iii) the Waste is removed on the next business day.
10. Acceptance of Waste.
The City, in its sole discretion, from time to time, may require Waste
Management to transport to the Transfer Station all Municipal Waste and Recyclable Materials
collected by Waste Management under the City's existing contract with Waste Management for
hauling Municipal Waste and Recyclable Materials. If, in the future, the City requires any other
contractor with whom the City may have a waste hauling contract (hereinafter called a "City
Waste Contractor") to transport the Municipal Waste and Recyclable Materials collected by it
within the City to the Transfer Station, then Waste Management shall accept such waste at the
Transfer Station, if allowed, and the total fee charged by Waste Management to the City Waste
Contractor for Disposal of all of the City's Municipal Waste and Recyclable Material shall be
five percent (5%) less than the posted gate rate customarily charged by Waste Management,
including all taxes, fees and surcharges.
11. Waste Management Indemnification and Insurance.
to
a. Waste Management shall, to the maximum extent permitted by law,
indemnify, defend and hold harmless, and pay on behalf of, the City, its officials, officers,
employees and attorneys from and against any and all third claims, suits, causes of action,
administrative orders, judgments, settlements, loss, liability, damage, cost and expense, and
attorneys fees and expenses of litigation, (collectively, "Costs"), including without limitation
Costs for bodily injury to or death to any persons and any property damage, arising out of or in
connection with (i) Waste Management's design, installation, construction, ownership, operation,
repair, restoration, modification, removal, maintenance, or the failure of any of the foregoing, at
the Transfer Station, (ii) Waste Management's violation of any laws or regulations in its
ownership or operation of the Transfer Station, (iii) Waste Management's breach of this
Agreement, and/or (iv) any Costs related to third party claims regarding any response, removal,
remediation, damage to natural resources, health assessments, health claims, increased risk of
adverse health effects, contribution and third party claims, and any actions required pursuant to
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U.S.C.A. Section 9601, et seq., as amended from time to time, and all other applicable statutes,
regulations and under common law, for any release or threatened release of the Waste collected
by, stored at and transferred to or from the Transfer Station. If Waste Management accepts the
defense and indemnity of a claim made against the City and tendered by the City to Waste
Management under this Section 11.a, and Waste Management pays the defense Costs, then
Waste Management shall have the right to defend the City utilizing attorneys reasonably
acceptable to the City. Notwithstanding any provision herein to the contrary, the provisions of
this Section l 1.a shall survive the expiration and/or termination of this Agreement:
b. Prior to acceptance by Waste Management of the City's Municipal Waste,
Waste Management and the City shall enter into a mutually acceptable indemnification related
thereto pursuant to which Waste Management indemnifies the City. The parties agree that the
existing agreement between the City and Waste Management entitled Agreement for Provision of
ti
Refuse, Recyclables and Yard Waste Collection Services and dated September 12, 2002, as
amended by Amendment Agreement dated March 31, 2004 (collectively the "Waste Hauling
Agreement"), contains an indemnification undertaking on the part of Waste Management
satisfactory to the City, and such provision shall satisfy the requirements of this Section 11 b. for
as long as it shall remain in force.
c. Waste Management shall obtain and maintain or cause to be maintained in
full force and effect at all times on and after the commencement of construction of the Transfer
Station and continuing at all times that Waste is received at the Transfer Station, the following
insurance coverages:
(1) Commercial General Liability insurance in an amount not less than
$1,000,000.00 per occurrence and a combined limit of
$2,000,000.00, with a maximum deductible or self-insured
retention of$100,000.00;
(2) Excess liability insurance covering claims in excess of the
underlying insurance described in Section 11.c(1) above, with a
$3,000,000 minimum limit;
(3) Workers Compensation Insurance as required by Illinois law and
regulations; and
(4) Employer's Liability Insurance in the amount of $500,000.00 per
accident, with a maximum deductible or self-insured retention of
$100,000.00.
d. The liability insurance described in Section 11.c above shall be (i) issued
by an insurance company reasonably acceptable to the City, (ii) written on a comprehensive,
broad form policy, (iii) include endorsements that name the City as an additional insured,provide
a severability of interests and cross liability clause, and provide that the insurance shall be
primary and not excess to or contributing with any insurance or self-insurance maintained by the
12
City, and (iv) include a waiver of subrogation from such insurance company. Waste
Management hereby waives and covenants not to sue the City for any and every claim for
recovery from the City for any and all loss or damage covered by any of the insurance policies to
maintained under this Agreement. To the extent permissible by law, Waste Management waives
any limits to the amount of its obligations to indemnify, defend or contribute to any sums due
under any claims by any employee of Waste Management that may be subject to the Workers
Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision (such as
Kotecki v. Cyclops Welding Corp., 146 I11.2d 155 (1991)).
e. Waste Management shall promptly deliver to the City certificates of
insurance evidencing that the insurance coverages required by Section 11 c. hereunder are in full
force and effect, and providing that the insurer shall give the City notice at least thirty (30)'days
prior to the effective date of any cancellation, lapse or material change in such insurance policies.
12. Effective Date.
a. Except as provided in Sections 8, 11 and 14, the obligations of the parties
under this Agreement shall be subject to satisfaction of the condition precedent that the Effective
Date shall have occurred.
b. Waste Management covenants and agrees that, notwithstanding any
provision in this Agreement to the contrary, the City has no duty or obligation under this
Agreement, express or implied, to act or to not take action in respect of Waste Management's
request for siting approval for the Transfer Station pursuant to Section 39.2 of the Act, including
without limitation, that the City does not have any duty or obligation to satisfy the condition
precedent in Section 12.a above. Waste Management covenants and agrees that if the City does
not grant siting approval for the Transfer Station pursuant to Section 39.2 of the Act, for any
reason whatsoever, whether proper or improper, or whether due to mistakes or misstatements of
13
law or fact during such siting approval consideration, Waste Management shall in no event have
any claim or cause of action against the City under this Agreement. Nothing in this Agreement
shall be construed or deemed to be a covenant by the City in respect of the City's obligations
under Section 39.2 of the Act, which obligations shall be separate and apart from any obligations
to Waste Management under this Agreement. Waste Management agrees that Waste
Management shall not have any claim or cause of action against the City under this Agreement
for the City's failure to comply with Section 39.2 of the Act. Nothing to the contrary herein
withstanding shall be construed to limit either parry's rights under the Act.
13. Contingency for Amendment to Waste Hauling Agreement. This Agreement
is contingent upon the City and Waste Management concurrently entering into an amendment.to
the Waste Hauling Agreement, with such amendment to be in the form attached hereto as Exhibit
B, the execution of which both the City and Waste Management hereby agree to do.
14. Sanitary Sewer and Water.
a. Waste Management shall have the right to connect the Transfer Station to
the City's sanitary sewer and water systems and receive sanitary sewer and water services
therefrom, in accordance with applicable law, rules and regulations. Until the City's municipal
sanitary sewer mains and water mains (collectively the "City Utilities") are extended to the
Industrial Site, Waste Management shall have the right to utilize a septic system, private waste
disposal system, or septic holding tank (including, without limitation, portable toilets with
holding tanks)to serve the Transfer Station. At such time as the City Utilities are extended to the
Industrial Site, Waste Management shall (i) connect the Transfer Station to the City Utilities and
(ii) pay all applicable connection charges related to the City Utilities, as well as all costs and
expenses associated with the installation and maintenance of the service lines associated with
14
such connections within the property line of the Transfer Station Site. Nothing in this Agreement
shall modify, amend or waive any fees applicable to the connection to or use of the City Utilities,
and Waste Management agrees that it shall pay for the foregoing sanitary sewer and water
services when connection is made thereto in accordance with the applicable sanitary sewer and
water rates established from time to time by the City.
b. Waste Management may construct utilities, including water mains,
sanitary sewer mains and a force main on and off the Transfer Station Site for the benefit of other
properties situated within or outside of the City ("Regional Utility Improvements"). If Waste
Management is unable to secure directly from the owners or developers of such properties
reimbursement of the proportionate share of the cost of the Regional Utility Improvements; the
City shall enter into a recapture agreement for the purpose of ensuring that Waste Management
recaptures from such other properties the proportionate share of such costs. For purposes of this
Agreement, proportionate share shall be determined in accordance with the percentage of the cost
of such Regional Utility Improvements that is attributable to each of the properties designated on
a service area.
c. In the event Waste Management is unable to obtain utility easements over,
under, across, or through property not owned or controlled by Waste Management or not owned
by the City or under City's control which are necessary to construct utility lines to the Transfer
Station Site, the City shall use, to the full extent permitted by law, its eminent domain power to
secure such easements. Prior to commencing any condemnation action, Waste Management shall
submit, for City review and approval, written documentation demonstrating that Waste
Management has pursued reasonable alternatives for the acquisition of such easements, and
Waste Management shall deposit with the City the amount of funds reasonably necessary to
15
pursue eminent domain action and to secure the subject easements. All such actions by the City
shall be at no cost to the City, which costs shall be born solely by Waste Management but, upon
the written request of Waste Management, the City shall not unreasonably fail to timely file a
condemnation action.
d. The provisions of this Section 14 shall become effective and binding on
the parties as of the date that siting approval granted by the City for the Transfer Station pursuant
to Section 39.2 of the Act, becomes non-appealable and once non-appealable, shall survive
termination and/or expiration of this Agreement. Siting approval shall be considered to be non-
appealable if siting approval is granted by the City, all necessary IEPA permits are issued and all
appeals and enforcement actions regarding any of the forgoing, as well as appeals thereof, have
been successfully resolved in Waste Management's favor or the relevant time for filing any
appeals has run.
15. Audits and Records.
a. Waste Management shall maintain, for a period of at least two (2) years,
daily records of the amounts and types of Total Waste transferred from the Transfer Station for
Disposal or recycling and/or shall provide such records to the City upon written request. Such
records shall include (i) disposal tickets or logs, showing the amount in tons of Waste for each
truck and signed by the driver of the trucks transferring Waste from the Transfer Station to
Disposal or recycling sites. In addition to the submittals required under this Agreement,
additional records shall be kept and shall be provided to the City upon written request regarding
(i) the hours of operation of the Transfer Station, and (ii) the amount of the Host Benefit Fee
payable on each ton of Received Waste transferred from the Transfer Station for Disposal or
16
recycling during each calendar quarter, and the total Host Benefit Fee payable during each
calendar quarter.
b. The City shall have the right to audit the records of Waste Management
upon five (5) business days notice. In the City's discretion, the audit may be performed by an
accountant or other consultant selected by the City upon five (5) business days notice to Waste
Management.
c. Waste Management covenants and agrees to fully cooperate with the City
or its designee during any audit and/or inspection, to respond timely and fully to any questions or
requests, and to make available Waste Management's employees for interviews.
d. . Where such audit determines that Waste Management has underpaid the
Host Benefit Fee, Waste Management shall pay the reasonable cost of the audit.
16. Compliance with Applicable Laws.
Waste Management agrees to operate the Transfer Station in accordance with and
to otherwise fully comply with all applicable federal, state and local laws (including the
municipal code of the City),rules, regulations and ordinances.
17. Breach and Remedies.
a. Waste Management shall be in default under this Agreement upon the
happening or occurrence of any of the events or conditions described in Section 17.a.(1) through
and including 17.a.(5), each of which shall be an "Event of Default" for purposes of this
Agreement:
(1) Waste Management breaches or fails to observe or perform any of
Waste Management's material obligations under this Agreement,
and such breach or failure continues for more than thirty(30) days
17
following written notice thereof from the City to Waste
Management (in which the City shall specify the nature of such
breach or failure in detail); provided, however, that if, by its nature,
such breach or failure cannot reasonably be cured with said 30
days, then so long as (i) Waste Management commence to cure
such breach or failure within such 30-day period and (ii) thereafter
continues in good faith and with diligence to complete such cure,
then Waste Management shall not be deemed to be in default
hereunder; .
(2) Waste Management is dissolved, or Waste Management's existence
is terminated and its business is permanently discontinued,
(3) Waste Management fails to pay, when due, any amount due
hereunder, and such failure continues for a period of forty-five(45)
days following the receipt by Waste Management of notice of such
failure;
(4) Any representation or warranty made by Waste Management in this
Agreement was false or misleading in any material respect when
made; or
(5) Waste Management is adjudicated as bankrupt or insolvent, or an
order is entered for relief under any bankruptcy law with respect to
Waste Management.
b. Upon an Event of Default described in Section 17.a(1) through and
including 17.a(5) the City shall be entitled to exercise all remedies available at law or in equity
18
(including set-off and recoupment, and notwithstanding the requirements in Section 17.c
applicable to termination of this Agreement) or other appropriate proceedings, including without
limitation bringing an action or actions from time to time for recovery of amounts due and
unpaid by Waste Management, and/or for damages and expenses resulting from the Event of
Default, which shall include all costs and expenses reasonably incurred in the exercise of its
remedy(including reasonable attorneys' fees).
c. In addition to, and not exclusive of, the City's remedies under Section 17.
b, the City shall have the right to terminate this Agreement without any further obligation of the
City hereunder, and in which case (subject to this Section 17.c) Waste Management shall
permanently cease any further operation of the Transfer Station where:
(1) Waste Management assigns this Agreement or the rights and
obligations of Waste Management are succeeded to in each case in
breach of Section 18 and Waste Management does not cure the
breach,or
(2) there have been no less than three (3) uncured Events of Default by
Waste Management under this Agreement which unduly adversely
impact the public health, safety and welfare.
Pursuant to this Section, the City must serve Waste Management with notice of its
exercise of the remedy under this Section 17.c to terminate this Agreement. Thereafter, Waste
Management shall have thirty(30)days to cure any of such Event or Events of Default. If Waste
Management fails to cure such breach, Event or Events of Default within thirty (30) days, the
City must obtain a final and non-appealable determination by a court of competent jurisdiction
that the events or circumstances in Section 17.c.(1) or Section 17.c.(2) have occurred. Waste
19
Management agrees that the City shall not have an adequate remedy at law if the City terminates
the Agreement under this Section 17.c, and that the City shall be entitled to equitable relief,
including a preliminary and permanent injunction to enforce this Section 17.c.
d. All rights and remedies of the City set forth in this Agreement which shall
be cumulative, and no remedy available to the City shall be exclusive of any other remedy.
e. Except for Waste Management's obligation to pay the Host Benefit Fee to
the City, in no event shall either party, or its agents, employees, successors, assigns, consultants,
suppliers or contractors be liable to the other party under this Agreement or to its members,
officers, directors, partners, affiliates, agents, employees, successors, assigns, suppliers or
contractors for special, indirect, consequential, punitive or exemplary damages of any nature or
kind whatsoever, including loss of profits or revenue, loss of contracts, cost of capital or claims
of customers, and each party hereby releases and covenants not to sue the other party therefore.
18. Assignment of Rights.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto, and their respective permitted successors and assigns; provided however, Waste
Management shall not assign this Agreement, directly or indirectly, nor shall any person succeed
to the rights and obligations of Waste Management by a direct or indirect transfer of an
ownership interest in Waste Management without the prior written consent of the City, which
may not unreasonably withhold such prior consent.
19. Force Majeure.
Except for the obligations to pay amounts owed under this Agreement, neither
party shall be liable for its failure to perform under this Agreement to the extent due to strikes (of
a widespread and general nature), riots,war,terrorism, fire, and acts of God.
20
20. Authority to Enter into Agreement.
Waste Management and the City hereby represent and warrant to each other that
the individuals executing this Agreement in their official capacities have been duly authorized
and empowered to sign this Agreement. The City shall provide Waste Management with a
certified copy of the resolution of its City Council authorizing the execution of this Agreement
by the undersigned representatives of the City. Waste Management shall provide the City with
evidence of limited liability company action authorizing the execution of this Agreement by the
undersigned representatives of Waste Management.
21. Relationship of the Parties.
Nothing in this agreement shall be construed to create a joint venture, partnership,
association or employment relationship between the City and Waste Management.
22. Severability.
If any provision of this Agreement is held invalid by a court of competent
jurisdiction,the other provisions of this Agreement shall not be affected thereby.
23. Amendment.
No amendment, modification or change to this Agreement shall be effective
unless the same shall be in writing and duly executed by the parties.
24. Termination.
This Agreement shall terminate upon the occurrence of any of the foregoing (the
effective date of any of same being hereinafter called the "Termination Date"):
(a) The mutual written agreement of the parties to terminate;
(b) The date on which the Transfer Station on the Transfer Station Site
permanently ceases to operate, for whatever reason, including but not limited to,
21
Waste Management's decision to cease operations, which decision shall be in the
sole and exclusive discretion of Waste Management
(c) The permanent cessation of operations due to the final and uncontested
order of any federal, state or local governmental body, agency or judicial
authority.
In any event, and notwithstanding termination and/or termination of this Agreement, any
Host Benefit Fee which is due and owing to the City for Received Waste as of the
Termination Date shall continue to be payable by Waste Management to the City in
accordance with this Agreement and the obligation of Waste Management to make such
payment shall survive termination and/or expiration of this Agreement.
25. Notices.
All notices, demands, requests, consents or other communications required by, or
to be given pursuant to, this Agreement, shall be in writing and delivered to the intended
recipient, by personal service, registered or certified U.S. mail, return requested,postage prepaid,
or confirmed facsimile transmission, to the following addresses (which are subject to change by a
like prior notice):
a. If to the City:
City of Elgin, Illinois
Attention: Corporation Counsel
150 Dexter Court
Elgin, Illinois 60120-5555
Fax: (847)931-5665
With a Copy to:
Baker& McKenzie
130 E. Randolph Drive
Chicago, Illinois 60601
22
Attn: James P. O'Brien, Esq.
Fax: (312) 861-2899
b. If to Waste Management:
Waste Management of Illinois, Inc.
1411 Opus Place, Suite 400
Downers Grove, Illinois 60515
Attention: Illinois Market Manager
Fax: (630)241-1597
With a Copy to:
Waste Management of Illinois, Inc.
720 East Butterfield Road
Lombard, Illinois 60148
Attention: Area General Counsel
Fax: (630)-916-6280
With additional Copy to:
Peter C. Bazos, Esq.
Schnell, Bazos, Freeman, Kramer, Schuster& Vanek
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
Fax: (847)-742-9777
26. Covenants Run With the Land.
The parties agree that the covenants, agreements, and understandings contained in
this Agreement, including without limitation the obligation to pay the Host Benefit Fee, touch
and concern the Transfer Station Site, and that such covenants, agreements, and understanding
shall run with the Transfer Station Site. Waste Management agrees that the City may prepare,
and Waste Management shall promptly execute, duplicate originals of an instrument, in
recordable form, which will constitute a Memorandum of Host City Agreement, attaching an
executed copy of this Agreement as an exhibit, and record such Memorandum in the Office of
the Cook County, Illinois Recorder of Deeds.
23
27. Financial Assurance.
Not less than ten (10) days prior to accepting any Waste at the Transfer Station,
Waste Management shall obtain, submit to the City, and maintain in accordance with this Section
27, financial assurance in an amount sufficient to cover the cost of disposing of the maximum
amount of waste stored at the Transfer Station and the costs of properly closing the Transfer
Station. Such financial assurance shall be in the form of a letter of credit, escrow account,
guaranty of a creditworthy guarantor (which may include Waste Management), or policy of
insurance, in each case reasonably satisfactory to the City. Such financial assurance must be
maintained as long as the Transfer Station is operating under this Agreement and for two (2)
years after termination and/or expiration of this Agreement. Waste Management agrees that the
issuer or counterparty to such financial assurance must, at all times during the term of this
Agreement,be reasonably acceptable to the City.
28. Police Power Savings Clause.
Notwithstanding any provision herein to the contrary, nothing in this Agreement
shall abridge, impair, or affect the police powers of the City. Waste Management shall comply
with all applicable laws, regulations and ordinances (including the applicable ordinances of the
City).
29. Governing Law.
This Agreement shall be governed by the laws of the State of Illinois.
30. Joint Preparation. This Agreement is and shall be deemed and construed to be the
joint and collective work product of Waste Management and the City and, as such, this Agreement
shall not be construed against either party, as the otherwise purported drafter of same, by any court
of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if
24
any, in the terms or provisions contained herein.
31. Filing of Siting Application. Waste Management covenants and agrees that it shall not file
its application with the City for siting approval of the Transfer Station on the Transfer Station Site
prior to September 16, 2004.
[signature page follows]
25
IN WITNESS WHEREOF, the City and Waste Management have caused this Host City
Agreement to be executed by their duly authorized representatives on the day and year written
above.
WASTE MANAGEMENT CITY OF ELGIN
OF ILLINOIS, INC.
By:
Its: S\ ,kg.c- P\00/0 Its:
Attest: Attest:
By: be '; a By: id4),,+..Q ifY\
-e-�.cw►�—
Its: M./Q 0 Its: C
26
EXHIBIT A
CONCEPT PLAN
DEPICTING TRANSFER STATION SITE
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I • CONCEPT PLAN
.
I' OF ELGIN
• - - -- -• , . . • .
- - -- - - -
EXHIBIT B
AMENDMENT TO
WASTE HAULING CONTRACT
DRAFT 7/1/04
AMENDMENT TO AMENDED AGREEMENT FOR PROVISION OF
REFUSE, RECYCLABLES AND YARD WASTE COLLECTION SERVICES
THIS AMENDMENT AGREEMENT, made and entered into this 14th
day of July, 2004 , by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City")
and WASTE MANAGEMENT OF ILLINOIS, INC. , a Delaware corporation
(hereinafter referred to as the "Contractor") .
WHEREAS, City and Contractor previously entered into an
Agreement for Provision of Refuse, Recyclables and Yard Waste
Collection Services, dated as of September 12, 2002, and
thereafter entered into an Amended Agreement for Provision of
Refuse, Recyclables and Yard Waste Collection Services dated as
of March 31, 2004, (such agreement dated September 12, 2002, as
amended by the Amended Agreement dated March 31, 2004 is
hereinafter referred to as the "Subject Collection Agreement") ;
and
WHEREAS, the City and the Contractor are concurrently with
the entry into this Amendment Agreement entering into a Host
City Agreement regarding a proposed solid waste transfer station
south of Bluff City Boulevard (hereinafter referred to as the
"Subject Host City Agreement") ; and
WHEREAS, the City and the Contractor wish to further amend
the Subject Collection Agreement as . provided in this Amendment
Agreement .
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NOW, THEREFORE, for and in consideration of the mutual
premises contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1. That the Subject Collection Agreement is hereby
further amended as follows:
A. That Article 2, Section 5 of the Subject
Collection Agreement is hereby amended to read as follows:
"5. CONTRACT TERM
The term of the Agreement shall be eight (8)
years, and shall become effective on the 1st day of
November 2002, and shall remain in full force and
effect through the 31st day of October 2010. The City
shall- have the option to extend the term of the
Agreement for an additional two (2) years effective on
the first day of November 2010 through the 31st day of
October 2012. In the event the City wishes to
exercise such option to extend the term of the
Agreement the City shall provide the Contractor
written notice thereof on or before May 1, 2010 . "
B. That Article 2, Section 17 of the Subject
Collection Agreement is hereby amended to read as follows:
-17 . DISPOSAL
All solid waste collected shall be removed
from the City as soon as it has been collected; but,
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in any event, not later than noon of the date
following collection, and it shall not be disposed of
in violation of any state, federal, city or county
laws or regulations. Prior to the commencement of
this contract, the Contractor shall notify the City in
writing of the Disposal Sites that will be used to
process or dispose of solid waste collected under this
Agreement . The Contractor shall notify the City in
writing of any changes in Disposal Sites used within
thirty days of the proposed change .
The City reserves and has the right and
option to designate specific Disposal Sites, including
but not limited to solid waste transfer stations, to
be utilized by the Contractor for the processing or
disposition of the solid waste collected by the
Contractor pursuant to this Agreement . In the event
the City designates a specific Disposal Site to be
utilized by the Contractor such designation shall be
in writing. In the event the City designates a
specific Disposal Site to be utilized by the
Contractor, the Contractor shall commence utilizing
such Disposal Site for the processing and disposition
of solid waste collected by the Contractor pursuant to
this Agreement within thirty (30) days of such
designation by the City. In the event the City
W.IWORK\33667\Garbage Contract Amended-Waste Mgmt-7-I-04.doc 3
designates a specific Disposal Site such designated
Disposal Site shall be located within the corporate
limits of the City of Elgin. In the event the City
designates a specific Disposal Site pursuant to this
section and such disposal site is not owned,
controlled or operated by the Contractor or an
affiliated company of the Contractor, payments due
from the City to the Contractor pursuant to this
Agreement will be adjusted, up or down, based upon the
actual change in disposal costs . It is agreed and
understood that the provisions regarding adjustment of
payments to the Contractor as provided in this section
shall only apply in the event the City designates a
specific disposal site pursuant to this section which
is not owned, controlled or operated by the Contractor
or an affiliated company of the Contractor . Changes
in disposal costs will be calculated based upon the
Contractor' s actual per ton costs for disposal at the
disposal site being used by the Contractor for the
processing or disposition of solid waste collected by
the Contractor pursuant to this Agreement as compared
to the per ton rate that the Contractor would be
charged to process or dispose of solid waste collected
by the Contractor pursuant to this Agreement at the
Disposal Site designated by the City. The parties
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shall determine on a quarterly basis any additional
disposal costs incurred or disposal cost savings
realized by the Contractor in utilizing a Disposal
Site designated by the City with such costs or savings
to be calculated as provided in this section . In the
event it is determined based upon the calculation as
provided in this Section that the Contractor has
incurred additional disposal costs in utilizing a
Disposal Site designated by the City, the next payment
due from the City to the Contractor for the services
provided by the Contractor pursuant to this Agreement
will be increased in the amount of such additional
disposal costs for the preceding quarter. In the
event it is determined based upon the calculation
provided in this Section that the Contractor has
realized disposal cost savings in utilizing a Disposal
Site designated by the City, the next payment due from
the City to the Contractor for the services provided
by the Contractor pursuant to this Agreement will be
decreased in the amount of such disposal cost savings
realized by the Contractor for the preceding quarter.
The parties agree to provide the other party with
reasonable documentation necessary for the parties to
make the determination on any additional disposal
costs or disposal cost savings to the Contractor
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regarding the use of a Disposal Site specified by the
City. In the event the City designates a specific
Disposal Site to be utilized by the Contractor, and
such Disposal Site is not owned, controlled or
operated by the Contractor or an affiliated company of
the Contractor, it is agreed that the provisions of
Article 2, Section 9 entitled "CERCLA INDEMNIFICATION"
shall not apply to the solid waste processed and
disposed of by the Contractor at such a Disposal Site
designated by the City. The City has the right and
may at any time rescind any previous designation of
specific Disposal Sites to be utilized by the
Contractor. In the event the City rescinds the
designation of a Disposal Site to be utilized by the
Contractor such rescission shall be in writing. In
the event the City rescinds the designation of a
Disposal Site to be utilized by the Contractor, the
provisions regarding adjustment of payments to the
Contractor and the non-applicability of Article 2,
Section 9 entitled "CERCLA INDEMNIFICATION" as
provided in this Section 17 shall no longer apply to
such previously designated Disposal Site. "
C. That Article 3, Section 9 of the Subject
Collection Agreement is hereby amended to read as follows :
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"9. BASE SERVICE RATES •
The City shall pay the Contractor for the
listed services in Article 3, Sections 1 through 8,
and for all of the other services and provisions of
this Agreement for which a separate price and payment
is not specified, according to the following schedule:
(a) Single-Family $10 . 82/month/household
(b) Multi-Family $ 7 . 87/month/household
(c) Roll-Off Truck
and Driver $75. 00/hour
The Contractor shall provide the Spring Yard
Waste Collection services described in Article 3,
Section 6 at no additional charge or cost to the City
or residents it being agreed and understood that the
cost and charge for such Spring Yard Waste Collection
services has been incorporated into the base service
rates to be paid to the Contractor pursuant to this
Agreement . "
D. That Article 3, Section 11 (a) of the Subject
Collection Agreement is hereby amended to read as follows:
" (a) Refuse Carts
The Contractor shall provide one (1) refuse
cart for each dwelling unit in every eligible curbside
household. The size of the refuse cart shall be 35,
64 or 96-gallon carts, as determined by the City. All
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refuse carts distributed to residents as part of this
contract shall become the City' s property including
the remaining warranty. Any maintenance or replacement
of refuse carts shall remain the Contractor' s
responsibility at Contractor' s cost until the
expiration of this Agreement . There shall be no
additional charge or cost to the City or residents for
such refuse carts it being agreed and understood that
the costs and charge for such refuse carts has been
incorporated into the base service rates to be paid to
the Contractor pursuant to this Agreement. "
2. That except as amended by this Amendment Agreement the
Subject Collection Agreement between the City and the Contractor
shall remain in full force and effect. In the event of any
conflict between the terms of this Amendment Agreement and the
terms of the Subject Collection Agreement the terms of this
Amendment Agreement shall control .
3. That this Amendment Agreement to the Subject
Collection Agreement is contingent upon the City and the
Contractor also concurrently entering into the Subject Host City
Agreement for the proposed solid waste transfer station south of
Bluff City Boulevard, Elgin, Illinois .
4 . That this Amendment Agreement is further contingent
upon and shall become effective upon Contractor, or an entity
owned, controlled, or operated by the Contractor, or an
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affiliated company of the Contractor, or the successors and/or
assigns of any such entity receiving final and non-appealable
approval for siting of the proposed solid waste transfer station
referred to and described in the Subject Host City Agreement
being entered into between the parties hereto concurrently with
the entering into of this Amendment Agreement to the Subject
Collection Agreement.
IN WITNESS WHEREOF the parties hereto have entered into and
executed this Amendment Agreement on the date and year first
written above.
CITY OF ELGIN WASTE MANAGEMENT OF ILLINOIS, INC.
By By
Mayor Its
Attest : Attest:
City Clerk Its
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