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Home My WebLink About07. New Business............... ........ /,;,,s. ........... . . . ........... . ........ Ag.eknda Uqm Dqtai�s Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. W�M Category 7. NEW BUSINESS Subject 7.1 Motion to accept the Suburban Purchasing Cooperative joint bid result for the purchase of a new 2017 Chevrolet Tahoe from Currie Motors in an amount not to exceed $39,009.49. Access Public Type Action (Consent) Preferred Date Mar 21, 2017 Absolute Date Mar 21, 2017 Fiscal Impact Yes Dollar Amount 39,009..49 Budgeted Yes Budget Source Vehicle Replacement Fund/Community Investment Program Recommended Accept the Suburban Purchasing Cooperative joint bid result for the purchase of a new Action 2017 Chevrolet Tahoe from Currie Motors in an amount not to exceed $39,009.49. Information The Fire Department Reserve Command Car (503) is sc edull e or rep acement in 2017, This ve ice is a 2003 Ford Excursion with 37,000 miles and currently serves in multiple capacities. In addition to serving as the back-up mobile command vehicle to 506, 503 is also used for Special Teams transport, a tow vehicle, and general staff car. The replacement vehicle will become the front-iine Command Car which serves as the mobile command post on all calls requiring the Shift Commander"s response. In designing the replacement vehicle, we felt it was important to remain with the Sports Utility Vehicle (SUV) design due to its function and the equipment it carries. This vehicle responds in all types of harsh weather and occasionally may have the need to go off-road, therefore the vehicle will require 4 -wheel drive capability. The Ford Excursion (current 503) has been discontinued and a comparable Ford SUV would be the Expedition EXL which has less cargo space, gets fewer miles per gallon, and is more expensive than the Chevrolet Tahoe. The Chevrolet Tahoe has proven reliable and functional for the Mount Prospect Police Command vehicles that serve in a similar capacity. This vehicle has been evaluated utilizing Public Work's detailed comprehensive replacement policy. The policy uses a point -based criterion that rates the vehicle replacement by evaluiating four major factors which include age, mileage, repair and maintenance (R&M) costs, and condition of the body/mechan�cal components. A point total exceeding 11 out of 16 indicates that a vehicle should be replaced. 503 scored a total of 12 po,ints which indicates that the vehicle should be recommended for replacement. This vehicle has operated as an emergency command vehicle, which is taxing on the power train. This vehicle has exceeded its life expectancy (12 points) and major repairs will be needed if service life is extended any longer based on current conditions. Exhibit A, B, and C A bttne-fluninu hrinviring-Q i-nm/fl/vnnin/Rnnrd nqf/Puhlir, 3/29/2017 BoardDocsk Pro .... ...... mz� This is publicly bid contract that satisfies the procurement requirements of the Village of Mount Prospect Purchasing Poky. Village of Mount Prospect Vetildr/Equipment, Number - 503 (20 03 Ford Enurdon, 4x4) --O—Tatal OmmsNp Costs Lffe Cycle Costs —Aj-- ToW R&M TOW Fuel ■Mwkel Vakge $60,000,M) SIY)"4119,00 $90,000.00 $AO,000.00 ........... $M1,000.00 Saka am ao A$12,5,53-00 WIXOM $9.000.zo $7, RX). 00 so ?M 2017 Year l.. tel ()VMO M-tlip QJ'S Sa1=e Value I Mile= = Cost Per it to Operate 755,439.010$91,0010I)o W,663 11.27 https://www,boarddocs.com/il/vomp/Boar(l.iisf"/Ilut)[i.c 3/29/2017 WIM, HaRMWO EMEM" Aftftroativeg 1. Accept the Suburban Purchasing Cooperative joint bid result for the purchase of a new 2017 Chevrolet Tahoe from Currie Motors in an amount not to exceed $39,009.49. 2. Action at discretion of Village Board. PM. iilIX4K1JtjDIL4JL# C-1aff recommends acceptance of the Suburban Purchasing Cooperative joint bid result for the purchase of a new 2017 Chevrolet Tahoe from Currie Motors in an amount not to exceed $39,009.49. Funding for the replacement of 503 is provided in the 2017 Annual Budget Capital Funds Expenditures. The budgeted amount is $52,000.00 which reflects the price of the veWc�e as well as aftermarket electronics, lighting, and vehicle lettering. 503 Eva{ Forms, A -B, 3-2017.pdf (22 KB) 503 - Life Cycle Cost Worksheet-C,JPG (75 KB) Tahoe 4.png (646 KB) Tahoe :1..jpg (48 KB) Administrative Content .......................... Executive Content httne-//unww hnnnifinee, r.i)m/ii/vfinin[Rnqrfl-iisf/Pi.ihllic 3/29/2017 . . . . . . . . . . . . . . . . .. ;- 1�13 ' All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. Motion & Voti -.1lEr =$, samm"VEHMMUO '' Motion by Paul Hoefert, second by Richard Rogers. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve PolRichard Rogers, Colleen Saccotelli, Michael Zadel IINWAZIN "s,'Board.nsf/Public 10.900 17 ............... Village of Mount Prospect Vehicle Xguipment Condition Evaluation Form Unit #503 Assigned Dept. /Div. _Fire Dept. Year: 2003 Make: For Model: Excursion Mileage: 3,66 Hours: N/A Date of Evaluation: 3/13/17 Performed By: Jim Breitzman System Diagnosis Estimated Repair Cost Engine Transmission Fair -Reseal Engine -6.0 Dsl Fair -Delay in reverse $7,000.00 $2,500.00 Differential Good Exhaust System Good Cooling System Brakes Fair -Radiator Good $800.00 Tires Good Steering Fair -Ball joints, axle u -joints $1,000.00 Suspension HVAC Good Good Electrical Fair -Batteries, Alternator $750.00 Body/Frame Good Interior Other Total Estimated Repair Cost _11111 Good . . . .................................. [$12,050.00 101 111 Diagnosis Code Code Descripti im Good expected. Fair Some major repairs are needed, but unit can remain in service a little longerN in current condition. ......... . Poor Major repairs are required as soon as possible to ensure unit safety and reliability. . . . . . . . . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . // hmmavd., Villaae of Mount Prospect VehidelEguipment Evaluation Summary Report Unit # 503 Assigned Dept. /Div. LjE�� Year: 2003 Make: Ford Model: Excursion Mlileage:.36,,668 Date of Evaluation: 3/13/17 — Performed yo .Iiia Breitzman Unit age: 14 Base Policy Age: 12 MjLe�aefflrs: 36 ( )68 Base policy Mileage/I Irs: IQ,,()00 Maintenance Cost: Estimated Repair Costo .S _12,050 Current Book Value:.$ 9,000 Total �n0 hi Cost _Per Mile: Less Salvage Value $ 9,000 Net Lifetime Costs $ 46.4-39 ,Divided by � �ea e/Hours36,,668 Operating Cost Per Mile/Hour $ 1.27 9� EM �qta.l Points® 12 Comments and of considerations: This vehicle has 0 erated as an gMgrggggySgMMgEAvehicle wvh ch is tasin on,the _powe rtraiti. Superintendent's recommendation: This vehicle has exceeded its life ed if Total Point Evaluation: A point total equaling or exceeding eleven (11) indicates that the vehicle should be recommended for replacement. The point total is used to rank its replacement priority. The larger the number the higher the replacement priority will be. Village of Mount Prospect f Vehicte/Equipment Number -. 503 (24W3 Ford Excursion, 4x4) --s—Ta' ad Ownemhp at We Cycle Costs —Ar— Total R&M —4—Total FW 0 -Market Vakie $60,000-00 -o ri .rrr . . . . 00, $W,000-00 - $401,000,00 - $30,000-00 W. r rrrr rr /,rrrrrrrrrrrrrrrrr� %%% �� i rill r $20,00D.00 - $10,000.00 -awl $7,6W..00 2CM 2.017 Year Total (hwiership Cost - SaIvw - Value I Mileage = Cost Iyer Mile, to Operate, $55,439-00 $9,000-00 36,668 $1.27 lite ps:llwww.boarddoes.comlillvomploo ard..nsf; fileslA.KCiNt.,A.5960001$filel5O3%20-%20..., 3/29/2017 gmm� https://www.boa,rddocs.com/ii/A(omp/Board,nsf"`/files/AK,Fl JAPB I DD3/sfi.ie/,rahoe"/"201 ... 3/29/2017 . . . .............. ........... /,////////////V//////�,'1 ............ 'P--, �- ............. . . . . . .. . - — — ----- V-�enda Item Details Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD ® 7:00 p.m. Category 7. NEW BUSINESS Subject 7.2 1st reading of AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT {This ordinance amends the Village Liquor Code Article IV, Section 13.406 (D)(2) and Section 13..402(A) clarifying when a liquor licensee is required to provide a written report to the Village regarding a fight, and modifies the procedure for the transfer of a liquor license from one physical location to another. Access Public Type Action Fiscal Impact No Recommended Approval of the Ordinance Amending the Village Liquor Code. Action Public Content Information On.e l - i M '11 .96 Forty Eight (48) Hour Written Report Requirement Section 13.406(D) of the Village Code requires a liquor licensee to file a written report with the Local Liquor Commissioner within forty eight (48) hours of a fight occurring on a licensed premises. The intent of this requirement has always been to require a written report in cases where a fight involves the consumption of alcohol. This is apparent by the information that must be included on the written report, e.g., the .1approximate amount of alcohol consumed at the premises by each person involved in the fight." However, based on information received from the Police Department, it is not always clear to liquor licensees as to when a written report is required. Therefore, the proposed ordinance clarifies that the written report is required when a fight is "reasonably related to the service of alcohol." StaffRgim3mendation Staff recommends approval of the ordinance amending Village Liquor Code Article IV, Sect�ion 13.406 (D)(2) and Section 13.402(A). littvs://www.boarddocs.com/ii./vomp/13oard.nsf/Public 3/29/2017 . ...... .. . ..... .......... . . . . . ........ . .................. BoardDoes(t Pro Page 2 of 2 • Administrative Content Executive Content Motion 40N 'Voting Approval of the Ordinance Amending the Village Liquor Code. Motion by Michael Zadel, second by Steve Polit. Final Resolution: Motion Carries Yea: Paul Hoefert, John "aa.. Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zad.; https://www.boarddoes.com/ii/vomp/Board.nsf/Public 3/29/2017 ............ ...................... . ... ... ..................... .................. ........... ORDINANCE NO. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE W-Mmrli .11, 1 commissioner a report on a form provided by the village containing the following informatiom" 177 MIT 71I. -IM 1 M I WIN III I I R I I III 1 11 11 AYES: PASSED AND APPROVED this - day of 2017 ATTEST: 9AM&A STATE OF ILLINOIS COUNTY OF COOK „,,,1111,,,,,,,,-,,,,,,, ,,,,,,......,,,,,,,,,,,,,,, i , .ii iiia i,,,, iii;1 ,,,iiiiii , , , , , , ii.... /i ///r /..ii 1111,,,,,,, 1111, 1, , , "I'll”, , , , , , , 11.11 , , CLERK'S CERTIFICATE • •• r -III• •III - -• . • • •• s P911=11 =1 r ® W. - Ordinancewhich passed by the Board of Trustees of .r,4 of •Prospect at a Regular Village Board Meebrig on the _day of 1 2017, at s • •: • - •- wI • • a • ., s '• •. _. � •: - ;�+•.• �,-- •- .rte • � �, • •-, NAY •• further certify that the original Ordinance, oo`go• is - true copy, entrusted to my care for safekeeping,and that I am the lawful..• of Emy of -1,2017. 375676®1 KTJ KLEM, THORPE & JENKMS, LU), Attbrnvy% iat Low, 20 N, Wacker Drive, Ste 1660 Chicago, Illinois 60606-2903 T 31.2 984 6400 F 312 984 6444 DD 312 984 6462 jaguisinger@ktjIaw,com EM92MM RE: Sweepstakes and Liquor Ordinances 15010 S, Ravinia Avenue, Ste 10 Or -land Park, Illinois 60462-5353 T 708 349 3888 F 708 349 1506 Per the Village's request, we have prepared three (3) ordinances in regard to the abo referenced. The first ordinance banns sweepstakes machines in the Village as a prohibited fo of gambling. The second ordinance amends the Village Liquor Code clarifying when a liqu licensee is required to provide a written report to the Village regarding a fight, and modifies t procedure for the transfer of a liquor license from one physical location to another, The thi ordinance bans powdered and vaporized alcohol. The following is a brief description a axplanation of the ordinances. Sweepstakes Machines When questions began to arise regarding the legality of the machines, the Illinois General Assembly, at the urging of the proponents of the sweepstakes machines, adopted a one sentence amendment to the Video Gaming Act, effective January 1, 2014, that provided "[n]othing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under section (b) of Section 28-1 of the Criminal Code of 2012," While seemingly innocuous, that change has been used by the proponents of the sweepstakes machines since its enactment to argue that the machines are legal. 11� Village Board Page 2 of 3 March 13, 2017 the machines and that they had to be given back. The Court said it did not have authority to require the Gaming Board to take down its opinion on the legality of the machines, and the Court did not rule on the actual legality of the machines. The Gaming Board did, however, subsequently remove the opinion saying the machines were illegal from its website. Accordingly, as things stand now, these games continue to exist in a gray area under Illinois law. While the Village has an express prohibition on video gaming within its Village Code, the el* -4 1�wgm We therefore recommended that in order to most effectively prohibit sweepstakes machines within the Village, that the Village adopt an explicit prohibition of such machines. The enactment of the proposed ordinance will allow the Village to deny requests for licensing of these types of machines, and to take enforcement action regarding any machines discovered operating within the Village in violation of the prohibition. Transfer of Physical Location of Liquor License CurrentIM, S ction 13.402(A) of the Village Code allows a liguor licensee to seek the Dermission MAI 0 than seek the transfer of an existing license. Forty Eight (481 Hour Wriften Report Requirement Section 13.406(D) of the Village Code requires a liquor licensee to file a written report with th- • . ocal Liquor Commissioner within forty eight (48) hours of a fight occurring on a licensed premises. The intent of this requirement has always been to require a written report in cases where a fight involves the consumption of alcohol. This is apparent by the information that must be included on the written report, e.g., the "approximate amount of alcohol consumed at the premises by each person involved in the fight." However, based on information received from the Police Department, it is not always clear to liquor licensees as to when a written report is required. Therefore, the proposed ordinance clarifies that the written report is required when a fight is "reasonably related to the service of alcohol." immediately contact the Police Department upon the outbreak, or threatened outbreak, of a fight, regardless of whether the fight is related to the service of alcohol. Rather, the proposed ordinance merely eliminates the written report requirement when the fight is not related to the service or consumption of alcohol. Prohibition of I.-'aporized and Powdered Alcohol The Illinois Liquor Control Act has been amended to prohibit powdered alcohol, which is a EAM . ................ . . . . . . . . . . . -- . . . . . . . . . . . . . . . . .................. Village Board Page 3 of 3 March 13, 2017 Vaporizing alcohol is the process of transforming alcohol from its liquid state into a gaseous state that can be inhaled into the lungs. Again, this is done to increase the absorption rate of alcohol into the bloodstream. Vaporizing alcohol as a way of becoming quickly intoxicated is very dangerous for a variety of reasons, not the least of which is that inhaling alcohol bypasses the digestive system and eliminates the body's natural deterrent to alcohol poisoning, i.e., vomiting. It is also very difficult to measure exactly how much alcohol a person is consuming when it is inhaled. All of this leads to an increased risk of alcohol poisoning and death. The proposed ordinance bans alcohol vaporizing machines, with an exception for those machines prescribed by a doctor. Please contact us with any questions. cc: Michael Cassady, Village Manager Doreen Jarosz, Administrative Assistant UZZ ....... . ....... . ........................ ...... BoardDocA) Pro Page I of 2 Agenda Item Details la, R �11 am Category 7. NEW BUSINESS Subject 7.3 1st reading of AN ORDINANCE AMENDING CHAPTER 23 ARTICLE 5 OF THE VILLAGE CODE IN REGARD TO SWEEPSTAKES MACHINES PROHIBITED Recommended Approval of the Ordinance creating a new Subsection 23.503.3 entitled "Electronic Action Sweepstakes Machines Prohibited". Public Content Sweepstakes Machines Sweepstakes machines currently exist in a grey area under Illinois law. The Illinois Criminal Code has long provided that "games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate" is not illegal gambling, 720 ILCS 5/28-1(b)(13). Proponents of sweepstakes machines argue that they are really gift card kiosks, in that you put in a certain amount of money and receive a gift card or coupon worth that same amount., In addition, the purchaser's also get credits to be entered into a sweepstakes, which they then play on the same machine for cash prizes. The sweepstakes machine proponents argue that the gift card or coupon is what is being purchased, and that no consideration is therefore being paid for the sweepstakes entries. Opponents of the machines argue that they are a form of video gaming, and that obtaining the sweepstakes entries, rather than the coupon/gift card purchase, is the primary purpose of using the machines.. In December, 2013, the Illinois Gaming Board posted an opinion on its website saying the sweepstakes machines were illegal, and that owners of licensed video gaming locations could be charged with a felony it found with one. The Gaming Board then seized sweepstakes machines from a location in Grundy Couinty. The machine owners took the Gaming Board to court and were able to obtain a ruling saying the Gaming Board was without authority to seize the machines and that they had to be given back. The Court said it did not have authority to require the Gaming Board to take down its opinion on the legality of the machines, and the Court did not rule on the actual legality of the machines. The Gaming Board did, however, subsequently remove the opinion saying the machines were illegal from its website. Staff Recommendation enda ion _ htti)s-://www.boarddocs.com./il/vomt)/Board.nsf/Pubi.ic 3/29/2017 NF -MUM Administrative Content Executive Content Motion & Voting Approval of the Ordinance creating a new Subsection 23.503.3 entitled '"Electronic Sweepstakes Machines Prohibited". Motion by Michael Zadel, second by Paul Hoefert. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Public 3/29/2017 ............. _ ORDINANCE •. AN ORDINANCE AMENDING CHAPTER 23 (OFFENSES AND MISCELLANEOUS REGULATIONS), ARTICLE V (GAMBLING), OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS IN REGARD TO SWEEPSTAKES MACHINES BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE 9!1111 ;11111 1114 111 11!!1111 iiiiiiij ",I 'Electronic .. or device electrically or operated machine device, that is owned, -, or otherwise possessed by a sweepstakes sponsoror promoter, • of _ sweepstakes•• • or intendedpromotees partners, affiliates, subsidiaries or contractors, that is to be used by -^ energy,• that is capableof displaying • r on screen or other •� • • ri -r 3) 'Entertaining display' means visual information, capable of being seen by entrant that takesthe form of game play, or simulated game play. 4) 'Prize' means any gift, award, gratuity, good, service, credit, or anything- of a be transferred to a person, whether possession of - prize is actually transferred, or placed on an account or other • as evidence of -- • transfer the prize. consideration,5) 'Sweepstakes' means any game, advertising scheme or plan, oF other promotion, which, with or without payment of any person enter to win or r eligible receive any prize, the determination of which is based upon chance. B. It shall be unlawful for any person to operate, or place into operation, an electronic machine or device to do either of the following in thz village: 1) Conduct a sweepstakes through the use of an entertaining display, including the entry process or the reveal of a prize. 2) Promote a sweepstakes that is conducted through the use of an entertaining display, including the entry process or the reveal of a • C. It is the intent of this section to prohibit any mechanism that seeks t-1 avoid application •. this section through the use • subterfuge •.. pretense •' SECTION 2: This Ordinance shall be in full for and effect from and after its vary PASSED AND APPROVED this day of 2017 Arlene A. Juracek, Village President ATTEST: Karen Agoranos, Interim Village Clerk 3758981 2 STATE ILLINOIS COUNTY CLERK'S CERTIFICATE r1murgeTlir!'311121P -• which Ordinance was passed by the Board of Trustees of the Village of Mount Prospect at a Regular Village Board Meeting on the _day of 2017, at 111111 11111111111 1, '7711fe'll • • further certifythe original Ordinance,of - foregoing is a true copy,• to my care forsafekeeping, and that I am the lawful keeperof r r • • ` 'MM of 2017.. am 3759951 KTJ KLEM, THORPE & jENKMS, LTD Attorneys at Law 20 N. Wacker Drive, Ste 1660 Chk:ago, Iffinois 60606-2903 T 312 984 6400 F 312 984 6444 MEMORANDUM 130= RE: Sweepstakes and Liquor Ordinances M322MM Per the Village's request, we have prepared three (3) ordinances in regard to the above referenced. The first ordinance banns sweepstakes machines in the Village as a prohibited form of gambling. The second ordinance amends the Village Liquor Code clarifying when a liquor licensee is required to provide a written report to the Village regarding a fight, and modifies the procedure for the transfer of a liquor license from one physical location to another. The third ordinance bans powdered and vaporized alcohol. The following is a brief description and explanation of the ordinances. Sweepstakes Machines AR11 Ego N101011 101,411719 11 11got; It$ 01dul When questions began to arise regarding the legality of the machines, the Illinois General Assembly, at the urging of the proponents of the sweepstakes machines, adopted a one sentence amendment to the Video Gaming Act, effective January 1, 2014, that provided "[n]othing in this Section shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling under section (b) of Section 28-1 of the Criminal Code of 2012." While seemingly innocuous, that change has been used by the proponents of the sweepstakes machines since its enactment to argue that the machines are legal. # on= Village Board Page 2 of 3 March 13, 2017 the machines and that they had to be given back. The Court said it did not have authority to require the Gaming Board to take down its opinion on the legality of the machines, and the Court did not rule on the actual legality of the machines. The Gaming Board did, however, subsequently remove the opinion saying the machines were illegal from its website. Accordingly, as things stand now, these games continue to exist in a gray area under Illinois law. While the Village has an express prohibition on video gaming within its Village Code, the umiggalmigg. Jill im. NU M-AWNSINN&O TnYMTfflU Tmage, Mai ine rmage a0upt an elpilcit pronlumun Ut-VTUn-mWCnVM5. 1 ne e of the proposed ordinance will allow the Village to deny requests for licensing of these types of machines, and to take enforcement action regarding any machines discovered operating within the Village in violation of the prohibition. Transfer of Physical Location of Liauor License Currently, Section 13.402(A) of the Village Code allows a liquor licensee to seek the permission of the Local Liquor Commissioner to transfer a liquor license from one physical location to another. The proposed ordinance amends the Village Code to require a liquor licensee who desires to begin serving alcohol from a different location to apply for a new liquor license, rather than seek the transfer of an existing license. Forty Eight (481 Hour Wriften Report Requirement Section 13.406(D) of the Village Code requires a liquor licensee to file a written report with the Local Liquor Commissioner within forty eight (48) hours of a fight occurring on a licensed premises. The intent of this requirement has always been to require a written report in cases where a fight involves the consumption of alcohol. This is apparent by the information that must be included on the written report, e.g., the "approximate amount of alcohol consumed at the premises by each person involved in the fight." However, based on information received from the Police Department, it is not always clear to liquor licensees as to when a written report is required. Therefore, the proposed ordinance clarifies that the written report is required when a fight is "reasonably related to the service of alcohol." ?Ele-asa—mita that the ntt re-lieve- a IiAr,!*r licansaatrf immediately contact the Police Department upon the outbreak, or threatened outbreak, of a fight, regardless of whether the fight is related to the service of alcohol. Rather, the proposed ordinance merely eliminates the written report requirement when the fight is not related to the service or consumption of alcohol. Prohibition of Vaporized and Powdered Alcohol The Illinois Liquor Control Act has been amended to prohibit powdered alcohol, which is a T T Village Board Page 3 of 3 March 13, 2017 Vaporizing alcohol is the process of transforming alcohol from its liquid state into a gaseous state that can be inhaled into the lungs. Again, this is done to increase the absorption rate of alcohol into the bloodstream. Vaporizing alcohol as a way of becoming quickly intoxicated is very dangerous for a variety of reasons, not the least of which is that inhaling alcohol bypasses the digestive system and eliminates the body's natural deterrent to alcohol poisoning, i.e., vomiting. It is also very difficult to measure exactly how much alcohol a person is consuming when it is inhaled. All of this loads to an increased risk of alcohol poisoning and death. The proposed ordinance bans alcohol vaporizing machines, with an exception for those machines prescribed by a doctor. Please contact us with any questions. cc: Michael Cassady, Village Manager Doreen Jr, Administrative Assistant BoardDoest Pro mn� Category 7. NEW BUSINESS Subject 7.4 Ist reading of AN ORDINANCE AMENDING CHAPTER 23 ARTICLE I OF THE VILLAG'm CODE IN REGARD TO POWDERED AND VAPORIZED ALCOHOL Recommended Staff recommends approval of the Ordinance prohibiting vaporized and powdered Action alcohol. Public Content Information Prohibition of Vaporized and Powdered Alcohol The Illinois Liquor Control Act has been amended to prohiibit powdered alcohol, which is a powder or crystalline substance containing alcohol that can be snorted in order to increase the absorption rate of alcohol into the bloodstream and the intoxication of the user. Ingestion of powdered alcohol has been found to be dangerous and the State has acted to ban it. The proposed ordinance expressly prohibits powdered ff-fl-q* h (11 wwis-kii AV -,ul-fiftmv Village's intolerance of Staff Recornrnendation Staff recommends being consistent with the Illinois Liquor Control Act and prohibit vaporized and powdere, #-' alcohol. Powdered Alcohol Orftance.pdf (80 KB) ICTJ MEMO.pdf (129 KB) Administrative Content Executive Content Motion & Voting httt)s://www.boarddocs.com/il/vom-p/Board.nsf/1-lublic 3/29/2017 BoardDocsg Pro Page 2 of 2 Motion by Steve Polit, second by Colleen Saccotelli. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/ii/vomp/Board.nsf/Public 3/29/2017 ORDINANCE NO. E91:4 111 ILI F-11 11,1110i'=V-11 J, 14 '1 IN kil M41:1II 4 :W*110IJ a 4 g =1 11 W-mg2m BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE ITIFIFIR I -- - Ir ,�, , 11 11=4LOJAN I A. For purposes of this section, 'powdered alcohol' means any powder or crystalline substance containing alcohol, as defined in Section 1-3.01 of the Liquor Control Act of 1934 (235 ILCS 5/1-3.01). B. No person shall sell, offer for sale, or deliver, receive or purchase for resale in the village any product consisting of or containing powdered alcohol." IIIVIIIIIIIIIIIG III IIFII IIIIII I 1 1111 A. For purposes of this section, an 'alcohol vaporizer' means a device designed, manufactured, marketed or used for the purpose of mixing alcoholic liquor with oxygen, air or another gas to produce a mist or vapor for inhalation or snorting for non-med�icinal purposes, 'Alcohol vaporizer' shall not include such medical devices as inhalers, nebulizers, atomizers or other devices properly prescribed! by a physician and being used to dispense a prescribed medication to the holder of such prescription. B. No person shall possess, sell, transfer or use an alcohol vaporizer within the village. W -11A C. No person shall use a medical device such as an inhaler, nebulizer, atomizer • • • properly prescribed • a • for the purpose of mixing alcoholic liquor with oxygen, air or another gas to produce a mist • vapor for inhalation • • for non-medicina'k purposes within the village. . - - - • - ol 111111illy-1 11 W1111*K9 14*111411M IMP 161#1 age] IN 14 IRS] M 4 IlIlIffilig 0 •:'• III I III 7% --' • "G. No licensee shall engage in or allow conduct at a licensed premise that • Section 23.118 • Section 23.119 • the Village Code in regard to powdered alcohol and alcohol vaporizers." F I M I I CIMM 1 1 M � 1 11 J I I I I Jill I '......•'• Ii, TTIM M PASSED AND APPROVED this - day of 12017 ATTEST: Karen Agoranos, Interim Village Clerk 3758851 2 STATE OF ILLINOIS COUNTY •• CLERK"S CERTIFICATE i •- • � ::••• - •' aIL• • ..• • - :4,92 Im.40i :44 R , Ill DILTE-IfJOIN rA 491EI0 9 which Ordinance was pasWd by the Board -- of ',.•- of Mount at a Regular Village Board Meeting on the _day of -, 2017, at liount Prospect on - day of I do further certify that the original Ordinance, of which the foregoing is a tr copy, is entrusted to my care for safekeeping, and that I am the lawful keeper of t z ii 111111 ! - 1 _ the Village of Mount Prospect, this _ day of 2017. • 375885e1 � Il��°�i SII T I Attoyneys at law . ....... . . .... .............. ........ 20 N. Wacker DHve, Ste 1660 Chicago, Illinols 60606-2903 T 312 984 6400 F 312 984 6444 16 11 jj 101 1-T-11 Z 1 !!IV RE: Sweepstakes and Liquor Ordinances 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 349 1506 CM3MU= M rem 1 OW.9 "Icenbee Is rec. STURM repTut it, Me Tihalte regaruitig a ugnt, 2110 MUUM procedure for the transfer of a liquor license from one physical location to another. The third ordinance bans powdered and vaporized alcohol. The following is a brief description and explanation of the ordinances. Sweepstakes Machines ;411kltl. I I a M= a 01116,4191 UTZ= to I 04 When questions began to arise regarding the legality of the machines, the Illinois General Assembly, at the urging of the proponents of the sweepstakes machines, adopted a one q,entence amendment to the Video Gaming Act, effective January 1, 2014, that provided levice is used in an activity that is not gambling under section (b) of Section 28-1 of the Criminal Code of 2012." While seemingly innocuous, that change has been used by the yroponents of the sweepstakes machines since its enactment to argue that the machines are 'egal. am Village Board Page 2 of 3 March 13, 2017 ---- ------- ---------- - the machines and that they had to be given back. The Court said it did not have authority to require the Gaming Board to take down its opinion on the legality of the machines, and the Court did not rule on the actual legality of the machines. The Gaming Board did, however, subsequently remove the opinion saying the machines were illegal from its website. Accordingly, as things stand now, these games continue to exist in a gray area under Illinois law. While the Village has an express prohibition on video gaming within its Village Code, the proponents of sweepstakes machines are able to argue that their games are not video gaming. We therefore recommended that in order to most effectively prohibit sweepstakes machines within the Village, that the Village adopt an explicit prohibition of such machines. The enactment A -M - the Village in violation of the prohibition. Transfer of Physical Location of Liquor License Currently, Section 13.402(A) of the Village Code allows a liquor licensee to seek the permission of the Local Liquor Commissioner to transfer a liquor license from one physical location to another. The proposed ordinance amends the Village Code to require a liquor licensee who than seek the transfer of an existing license. Forty Eight • Hour Written Report Requirement Section 13.406(D) of the Village Code requires a liquor licensee to file a written report with the Local Liquor Commissioner within forty eight (48) hours of a fight occurring on a licensed premises. The intent of this requirement has always been to require a written report in cases where a fight involves the consumption of alcohol. This is apparent by the information that must be included on the written report, e.g., the "approximate amount of alcohol consumed at the premises by each person involved in the fight." However, based on information received from the Police Department, it is not always clear to liquor licensees as to when a written report is required. Therefore, the proposed ordinance clarifies that the written report is required when a fight is "reasonably related to the service of alcohol." PLec—mm—nitc-41h&4�e immediately contact the Police Department upon the outbreak, or threatened outbreak, of a fight, regardless of whether the fight is related to the service of alcohol. Rather, the proposed ordinance merely eliminates the written report requirement when the fight is not related to the service or consumption of alcohol. Prohibition of Vaporized, and Powdered Alcohol The Illinois Liquor Control Act has been amended to prohibit powdered alcohol, which is a powder or crystalline substance containing alcohol that can be snorted in order to increase the absorption rate of alcohol into the bloodstream and the intoxication of the user. Ingestion of powdered alcohol has been found to be dangerous and the State has acted to ban it. The proposed ordinance expressly prohibits powdered alcohol under the Village Code in order to increase awareness of this dangerous substance and publicize the Village's intolerance of it. MEM Village Board Page 3 of 3 March 13, 2017 Vaporizing alcohol is the process of transforming alcohol from its liquid state into a gaseous state that can be inhaled into the lungs. Again, this is done to increase the absorption rate of alcohol into the bloodstream. Vaporizing alcohol as a way of becoming quickly intoxicated is very dangerous for a variety of reasons, not the least of which is that inhaling alcohol bypasses the digestive system and eliminates the body's natural deterrent to alcohol poisoning, i.e., vomiting. It is also very difficult to measure exactly how much alcohol a person is consuming when it is inhaled. All of this leads to an increased risk of alcohol poisoning and death. The proposed ordinance bans alcohol vaporizing machines, with an exception for those machines prescribed by a doctor. Please contact us with any questions. cc: Michael Cassady, Village Manager Doreen Jarosz, Administrative Assistant USION . . ...... . . Agenda Item Details mlm� Meeting Mar 21, 2017 - REGULAR MEETING OFT VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7.5 1st reading of AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016. Access Public Type Action Preferred Date Mar 1® 2017 Absolute Date Mar 21® 2017 Fiscal Impact Yes Budgeted Yes Budget Source Various Funds - Transactions related to the closing of Downtown Redevelopment TIF District and creation of Prospect/Main TIF District. Adjustment to Business District Fund for higher than expected tax receipts. Recommended Adopt the proposed budget amendment #3 for the 2016 annual budget. Action Public Content Informptign Staff is recommending that the annual budget be amended for fiscal year beginning January 1, 2016 and ending December 31, 2016. This is the final amendment for the 2016 budget. Ordinance 6229, adopted December 15, 2015, established the annual budget for the year ending December 31, 2016. The budget was further amended on April 19, 2016 and February 7, 2017. Each year the Village prepares budget amendments impacting revenues and/or expenses to the current year's budget. Accounts adjusted in the first amendment are typically for capital projects started in the previous year but not completed. Amendments brought forward later in the year adjust the budget for material variations in revenues and expenditures resulting from extraordinary or unanticipated events and ?re necessary to comply with state statutes and the Budget Officer Act. A proposed ordinance amending the 2016 annual budget is attached for the Board's consideration. In total, this amendment increases the budget for expenditures by $963,246. This final budget amendment accounts for the termination of the Downtown Redevelopment TIF District and the establishment of the Prospect/Main TIF District, Although final approval of the Prospect/Main TIF did not occur until January 2017, a Fund is being created for 2016 to account for expenses related to the work done on the Central Plaza property. This final amendment for 2016 also adjusts the budget for the Randhurst Village Business District as tax revenues, and the corresponding redevelopment agreement payment, ended the year higher than anticipated. Alternatives 77'ction at discretion of Village Board. https://www.boarddocs.com/il/voinp/Board.nsf"/Public 3/29/2017 .......... zz� Staff Recommendation It is recommended the Village Board adopt the proposed budget amendment #3 for the 2016 annual budget. Administrative Content Executive Content Motion & Voting Adopt the proposed budget amendment *3 for the 2016 annual budget. Motion by Steve Polit, second by Colleen Saccotelli. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel - T — - ard.nsIPublic 3/29/2017 [01.140-1-16W me-akim AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGETADOPTED FOR THE HSCAL YEAR COMMENCING JANUARY 1, 2016 AND ENDING DECEMBER 31, 2016 17,VIg Published in parnphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the _ day of 2117. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011 AND ENDING DECEMBER 31,2016 "BudgetI 11�11� � 11111`1 I'll 11ml and 1,016 11110 1 1QUI NE!N" ILS -414 111 If U, ii Ci.ttiF--,T'iTFag—e—o-T-iTi—o-u-nT-Ilr—ospect have passed and approved Ordinance No. 6302 on February 7, 2017, amending the annual budget for the fiscal year commencing January 1, 2016 and ending December 31, 2016; •j WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes,d on the attached January 1, 2016 through December 2016 Budget Amendment No. 3 to be in the best interest of the Village of Mount r,.4 p^ v of the Funds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment Number One, attached hereto. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, Amendment SECTION ONE: That the fiscal year budget for January 1, 2016 through December 3 1, 2016 for the Village of Mount Prospect is hereby amended, as detailed on Budget • hereto. VILLAGE OF MOUNT PROSPECT Budget Amendment No.' .11 F4T,T,T#TMT=— Fund/Account Number Account Description Current Budget Amount Increase (Decreas!d, .. ..... Amended Budget Amount 001 General Fund 101,000 (51220) 4,780 001.00.W00.0.000.697.0011 Transfer Out 310,000 576,367 576,367 All other Downtown Redevelopment Construction Fund accounts - 576,367 576,367 All other General Fund accounts 50,635,442 - --376,367 50,635,442 Total General Fund 50,635,442 51,211,809 (0224COII.00.11 W0.530.006 Other O�rof. Serv. 300,000 (284,572) 15,428 022.40.01-00.1-000.636.006 Demolition Expense 101,000 (51220) 4,780 ............ . . 310,000 (289,792) 201,208 All other Downtown Redevelopment Construction Fund accounts 3,531,129 3,531,129 Total Downtown Redevelopment Construction Fund 3,841,129 _EL9,792 1 3,551,337 148 Business District Fund 048.00.00.00.0.775.691.002 Randhurst RDA Interest Total Business District Fund 149 Prospect and Main TIF District 049.4001.00.0.000.530.006 Other Prof. Serv. 049.40.01.00.0.000.636.006 Demolition Expense Total Village Budget Funds being changed All other Village Budget Accounts 1,855,221 386,879 2,242,11 1,855,221 386,879 2,242,11 ()C 289,792 . . ...... ............ . . 1,855,22-1— 386,879 2,242,10 56,331,792 963,246 57,295,038 71,371,911 - 71,371,911 Total Village Budget after Changes 127,703,703 963,246 128,666,949 289,7' 2 289,7 3,79 289,792 289 56,331,792 963,246 57,295,038 71,371,911 - 71,371,911 Total Village Budget after Changes 127,703,703 963,246 128,666,949 NBC 11 11 jpgp� ql IM, W I torr 1 Jr. 11 is a 1,11 Im I Ltv'l usm a I'l Ntr, I I I I #j I I u4mm's to w PASSED and APPROVED this _ day of -2017. Arlene A. Juracek Mayor Karen Agoranos O��, - �enda Item Details zm� Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7® 1st reading of AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2017 AND ENDING DECEMBER 31® 2017. Access Public Type Action Preferred Date Mar 21® 2017 Absolute Date Mar 21, 2017 Fiscal Impact Yes Budgeted Yes Budget Source Various Funds - Transactions related to the creation of Prospect/Main TIF District® an amendment to the Human Services Budget and adjustments for higher than expected tax receipts. Recommended Adopt the proposed budget amendment #2 for the 2017 annual budget. Action Public Content Information Staff is recommending that the annual budget be amended for fiscal year beginning January 2017 and ending December 1® 2017, Ordinance 6290, adopted December 20, 2016, established the annual budget for the year ending December 31, 2017. The budget was further amended on February 7, 2017. Each year the Village prepares budget amendments impacting revenues and/or expenses to the current year's budget. Accounts adjusted in the first amendment are typically for capital projects started in the previous year but not completed. Amendments brought forward later in the year adjust the budget for material variations in revenues and expenditures resulting from extraordinary or unanticipated events and are necessary to comply with state statutes and the Budget Officer Act. A proposed ordinance amending the 2017 annual budget is attached for the Board's consideration. In total, this amendment increases the budget for revenues by $975,000 and increases expenditures by $717,093. This budget amendment accounts for the establishment of the Prospect/Main TIF District in the 2017 budget. The amendment also includes an adjustment to the Human Services budget for the purchase of a new client tracking software and to account for grant -related spending. Alternatives 1. Adopt the budget amendment ordinanc 2. Action at discretion of Village Board. I Staff Recommendation httDs://www.boarddocs.com/il/`vomD/Board.nsf"/Public 3/29/2017 tIIIITIIjjMjI!IIj A IQ mwl"� Administrative Content Executive Content Motion & Voting Adopt the proposed budget amendment #2 for the 2017 annual budget. Motion by Richard Rogers, second by Michael Zadel. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel 1=�., oard.nsf/Public 3/29/2017 rslql-0106�� AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL, BUDGETADOPTED FOR THE FISCAL, YEAR. COMMENCING JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017 F=31311071001071' 9#116AW4 01 the — day of 2017 7V%7E'TTAW6"'c'P ?�TATW?'fl ihe _ 1ay of 2017. AN ORDINANCE • THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY R; ENDING DECEMBER 31, 2017 "BudgetWHEREAS, the President and Board of Trustees of the Village of Mount Prospect hav,� L*assed and approved Ordinance No. 2342 which sets the finances of the Village under tht.: and SECTION ONE: That the fiscal year budget for January 1, 2017 through December 3 1, 2017 for the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 2 attached hereto. VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Current Amended Budget Increase Budget Fund/Account Number Account Descrl tlen Amount (DeEE22Eej Amount r1p V_77777,11L=,� 001.50.01.00.0.000Z30.006 Other Prof. Serv. 7,700 15j580 23,280 001.50.01.00.0.000.561.004 Cloud -Based Service 5,040 5,360 10,400 001.50.01.00.0.000.60&Q02 NACCHO Grant Supplies 1, 153 1,153 '12,740 22, 833 All other General Fund accounts 53,378,005 53,378,005 Total General Fund 53,390,745 22,093 53,412,838 'f f" and Main TIF Fund 049.40.90.00.0704.636.029 Downtown Pedestrian Imp - 200,,000 200,000 049.40.90.00.0.710.6X007 Facade Program 100,000 100,000 049.40.90.00.0.710.636.028 Downtown Wayfinding Signage 100,000 100,000 04980.81.81.0.000.574.011 St-scape Corr Maint 75,000 75,000 049.80.81.81.0.000.575.015 Brick Sidewalk Sealing 60,000 60,000 049.80.81.81,.1.000.675.007 Brick Sidewalks 10,000 10,000 049.80.90.00.1105.679.001 DfT Streetscape Prog '150,000 150,000 695,000 695000 Total Village Budget Funds being changed All other Village Budget Accounts 695,000 695,00CA 53,390,745 717,093 54,107,838 61,970,641 - 61,970,641 Total Village Budget after Changes 115,361,386 717,093 116,078,,479 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2017 through December 31, 2017 Revenues a R * i 049 Prospect and Main TIF Fund 049.400.011 Prop Tax Increment CY 049.492.001 Sale of Property WEM05=1 N . MUM 1 rol F I I ; OT 0=4 I F.T1, ro 1 LTA 11M I $�� Total Estimated Revenues Fund being changed All other Village Budget accounts Total Estimated Revenues After Changes 1 Increase (Decrease) 275,000 275,000 700,000 700,000 975,000 975,000 975,000 975,000 - 975,000 975,000 117,325,039 - 117,325,039 117,325,039 975,000 118,300,039 SECTION TWO: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NAYES: • and APPROVED this _ day • 2017. Arlene A. Juracek Mayor ATTEST Karen Agoranos Deputy Village Clerk '5 Age�nda_Xte Details Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 7. NEW BUSINESS Subject 7®7 Motion to waive the procedures for public bidding and accept the proposal from Republic Services to extend the solid waste se ices contracts until December 31, 2026. Access Public Type Action Preferred Date Mar 21, 2017 Absolute Date Mar 21® 2017 Fiscal Impact Yes Dollar Amount 4,084,467.00 Budgeted Yes Budget Source Solid Waste Fund Recommended Waive the procedures for public bidding and accept the proposal from Republic Services Action of Mount Prospect, Illinois to extend the solid waste services contracts until December 31,2026. Public Content imr.1=1 - M The'Tillage of Mount Prospect (the Tillage) currently provides single family, multi -family, and commercial solid waste services, including refuse, recycling, and yard waste streams through two (2) separate contracts. The residential contract encompasses all residential (single family and multi -family) solid waste services except refuse disposal. The second contract provides solid waste services, including refuse disposal, for all commercial properties. Both contracts establish an exclusive franchise and provide zervice to all parcels in the Village. The current residential contract with Republic Services was originally a ten year term commencing on January 1, 2006 and expiring December 31, 2015. On June 19, 2012, as part of a voluntary annexation agreement between the Village and Republic Services, the ending date of this contract was extended to December 31, 2017 Residential waste is disposed of at the Solid Waste Agency of Northern Cook County's (SWANCC) transfer station situated near the intersection of Central Road and River Road in Glenview, Illinois. Pursuant to the project use agreement between the Village and SWANCC executed on March 17, 1992, all residential waste, including single-family and multi -family waste, is contractually committed to this transfer station. The project use agreement expires December 31, 2031. VAU71111111=� https:Hww-w,.boarddocs.com/ii/vomp/`Board.nst"`/Public 3/29/2017 Board.Docs® Pro Page 2 of 4 communities have similarly structured residential solid waste contracts; disposal costs are billed separately. Under the terms of the contract with Republic Services, the Village pays the contractor for refuse and recyclable collection. Yard waste collection is facilitated via a sticker fee and other services, such as white goods collection, are directly billed by the hauler at contract rates. Residential customers, both single-family and multi -family accounts, are billed by the Village. A resident's bill would include rates determined by the collection service contract (currently with Republic Services), the disposal "tipping" fees included in the SWANCC contract, as well as minor administrative fees. The existing residential contract with Republic Services encompasses 13,595 single family residential units and 8,351 multi -family residential units. It cost $2,796,058 in 2015 (2015 is the last year actual numbers are available). The current commercial contract was originally a seven (7) -year agreement with a term commencing on January 1, 2009 and concluding on December 31, 2015. Like the residential solid waste services contract, this instrument was extended as part of the annexation agreement between the Village and Republic Services on June 19, 2012. It also now terminates on December 31, 2017. The Republic Services contract provides refuse collection and disposal for 691 commercial properties. It also provides recycling collection. Commercial refuse disposal is not included in the Village's project use agreement and is not obligated to SWANCC. The contractor can dispose of refuse at any licensed transfer station or landfill that provides a competitive advantage. Consequently, tipping fees for commercial properties are included in this contract, unlike residential properties. It has been the Village's experience that tipping fees have usually been lower at non-SWANCC sites. This contract also provides recycling collection. The contractor retains the revenue stream from the sale of collected recyclables. Commercial customers are directly billed for service by the contractor, not the Village, at rates established in the contract. Container volume and frequency of service is determined by the customer. The approximate value of this contract was $1,500,000 in 2015. The combined 2015 value of both contracts, residential and commercial, totaled $4,296,058. 65% of this expenditure was for residential solid waste services. 35% was for commercial solid waste services. Pursuant to Village Board direction emanating from the strategic planning process, and consistent with the advice of SWANCC Executive Director David Van Vooren, staff solicited a proposal from Republic Services to extend or renew the existing exclusive residential and commercial solid waste contracts. Republic Services was asked to submit a proposal for an exclusive service contract that encompasses all residential and commercial solid waste customers in Mount Prospect. Staff directed Republic to mirror the scope of work and services provided in the existing residential and commercial contracts. Furthermore, staff suggested that the premise of Republic's submittal should emphasize a comprehensively low cost solid waste solution in comparison to the existing contract and comparable SWANCC communities. During the negotiation process, staff modified the scope of work to include pricing for new, optional services including a "no sticker" unlimited yard waste collection program, a household electronics collection program, a once per year household hazardous waste collection program, direct billing for residential accounts, and modification of the yard material collection program to include food waste. https://www.boarddocs.com/il/vompBoard.nsf/Public 3/29/2017 .......................... . . . ..................... ................. . . . . . . ........ I ........... 10M mllq� Following discussion of this topic at the February 28, 2017 Committee of the Whole meeting, additional pricing was provided for curbside household electronics collection and provision of a wheeled cart for universal yard waste collection service. Republic Services was not able to provide pricing for curbside household hazardous waste collection. However, they have indicated an intent to develop the necessary infrastructure and controls to offer th,t service in the near future. Republic Services also submitted supplementary information regarding the disposition of collected materials including refuse, yard waste, recyclables, and household electronics. This information is detailed in the attached memorandum. Staff finds the proposal submitted by Republic Services to extend the residential and commercial solid waste contracts until December 31, 2026 is responsive and competitive. Proposed rates for residential refuse collection and recyclingi, including both single-family and multi -family households, are the lowest among 23 SWANCC commuinities. These rates decrease 16% when compared to the existing contract. Furthermore, they are also the lowest among the four (4) most recently bid or negotiated contracts in similarly situated communities suggesting that a more cost-effective solution is unlikely from public bidding. Commercial rates decrease 2%-5% when compared to the existing contract and are also competitive when compared to other communities with exclusive commercial solid waste contracts; ranking third lowest among seven (7) SWANCC communities. In addition, it is relevant to note that the commercial waste market is highly variable when not regulated by an exclusive franchise. Over 90%! commercial accounts reported savings when initially migrated to the Village's first exclusive commercial refuse contract in 2009. Kepublic Services' proposal is also highly responsive offering a wide range of innovative, customer- triented, environmentally friendly services including curbside household electronic collection, household hazard waste collection events, and food scrap collection at competitive rates. Of note, is the option for unlimited yard waste collection at the lowest cost universal rate ($1.15/househ0d) among the eight (8) SWANCC communities that offer such service. Furthermore, the proposed rates result in the lowest cost solid waste program when compared to the fw. (5) SWANCC communities that hold similar comprehensive single-family, mufti -family, and commercial cNntracts., Finally, it is relevant to note that the Village's recent resident survey indicated 85% of residents are "satisfied" or "very satisfied" with solid waste services. This performance, when considered with Republic Service's long standing as a Mount Prospect business, their successful prosecution of the current solid waste contract, as well as their 2012 voluntary annexation into the Village, demonstrate the firm's unique and substantial commitment to the Mount Prospect community. UMim 11QWg I nimoilrJue El 1L7_,10j 1m12b-2L#&;i0j 1 [0 INIODRSK01 lag CUM Alternatives 1. Waive requirements for public bidding and accept proposal to extend solid waste services contracts until December 31, 2026. 2. Action at discretion of Village Board., https://WWWr.boarddoes.com/il/vonip/Board.nsf"/Pul)lic 3/29/2017 wm� StatT Recommendation from Republic Services of Mount Prospect, Illinois to extend the solid waste services contracts until December 31, 2026. Administrative Content Executive Content Motion & Voting Waive the procedures for public bidding and accept the proposal from Republic Services of Mount Prospect, Illinois to extend the solid waste services contracts until December 31, 2026. Motion by Michael Zadel, second by Paul Hoefert. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Public 3/29/2017 .. . . . .. . . . . . .. . .. ... . . FROM: DIRECTOR OF PUBLIC WORKS DATE: MARCH 15, 2017 SUBJ: REPUBLIC SERVICES SOLID WASTE CONTRACT EXTENSION The Village of Mount Prospect (the Village) currently provides single family, multi -family, and commercial solid waste services, including refuse, recyclin& and yard waste streams through two (2) separate contracts. The residential contract encompasses all residential (single family and multi -family) refuse disposal, for all commercial properties. Both contracts establish an exclusive franchise and provide service to all parcels in the Village, Residential Solid Waste Services I ne cirrent-TUST fear, 2nd expiring December 31, 2015. On June 19, 2012, as part of a voluntary annexation agreement between the Village and Republic Services, the ending date of this contract was extended to December 31, 2017. # j 19 #TMM3 Z;Z s can prItc, FEW 9 Wltrrdl fee and volume is unlimited provided refuse is containerized in an appropriate cart. Prior to the automated cart program, the Village utilized a modified volume program that limited collection to two (2) - 32 gallon cans. Residents were required to purc�hase garbage stickers for set - outs in excess of two (2) - 32 gallon cans. Residential waste is disposed of at the Solid Waste Agency of Northern Cook Countys (SWANCC) transfer station situated near the intersection of Central Road and River Road in Glenview, Illinois. Pursuant to the project use agreement between the Village and SWANCC executed on March 17, __-----1--_' ", „ice . .. . .. . .. . ... .. . .. "Il""Ill""Ili,a/////////////// ---- - - -- — -------- Page 2 of 13 March 15, 2017 1992, all residential waste, including single-family and multi -family waste, is contractually committed to this transfer station. The project use agreement expires December 31, 2031. Disposal costs, commonly referred to as "tipping feesare not included in the Village's residential contract. Tipping fees are paid separately to SWANCC. Most SWANCC member communities have similarly structured residential solid waste contracts; disposal costs are billed separately. Wn,far the tarims j[,f this cisntrad, the Village ;rays the-etatractir fir refyse- ani racjcMla cifle-d4n. Yard waste collection is facilitated via a sticker fee and other services, such as white goods collection, are directly billed by the hauler at contract rates. Residential customers, both single-family and multi -family accounts, are billed by the Village. The existing- residential contract en family residential units. It cost $2,796,058 in 2015 (2015 is the last year actual numbers are available). Commercial Solid Waste Services on January 1, 2009 and concluding on December 31, 2015. Like the residential solid waste services contract, this instrument was extended as part of t ?nnexation agreement between the Village and Republic Services on June 19, 2012. It also ni This contract provides refuse collection and disposal for 691 commercial properties. It also provides recycling collection. Commercial refuse disposal is not included in the Village's project use agreement and is not obligated to SWANCC. The contractor can dispose of refuse at any licensed transfer station o! landfill that provides a competitive advantage. Consequently, tipping fees are included in this contract. it has been the Village's experience that tipping fees have usually been lower at non - This contract also provides recycling collection. The contractor retains the revenue stream from t c -ale of collected recyclables. Commercial customers are directly billed for service by the contractor at rates established in the contract. Container volume and frequency of service is determined by the customer. The approximate value of this contract was $1,500,000 in 2015. 1-1111— ......... --l—,"', ...... ........ ............. 'Jage 3 of 13 Rtpublic Sei-,victs S*14 Waste Co:-itract Ext�tnsivn March 15, 2017 t Facts, res I a n 5 -cum FT i e wrd this expenditure was for residential solid waste services. 35% was for commercial solid waste 2 =- Pursuant to Village Board direction emanating from the strategic planning process, and consistent with the advice of SWANCC Executive Director David Van Vooren, staff solicited a proposal from Republic Services to extend or renew the existing exclusive residential and commercial solid waste A R for a negotiated contract given recent aggressiveness by Republic Services' major area competitors. ttier,�Imf4ftf 146YZTi—aKTW& such as Glenview or Arlington Heights. Finally, Republic Services' regional headquarters and main transfer station are located in Mount Prospect. Altruistically, and perhaps practically, these assets could engender even more incentive for Republic to retain our contract. Republic Services was asked to submit a cost proposal for an exclusive service contract that encompasses all residential and commercial solid waste customers in Mount Prospect. Staff directed Republic to mirror the scope of work and services provided in the existing residential and commercial contracts. Furthermore, staff suggested that the premise of Republic's submittal should emphasize a comprehensively low cost solid waste solution in comparison to the existing contract and comparable SWANCC communities. services including a "no sticker" unlimited yard waste collection program, a household electronics collection program, a once per year household hazardous waste collection program, direct billing for residential accounts, and modification of the yard material collection program to include food waste. In the analyses that follow, the costs for these optional services are not included, but could be added, at the discretion of the Village Board. 6vti no precedent for a solid waste contract extending beyond ten (10) years. It was the intent of staff that the term could be utilized as a mechanism for lowering costs. Negotiations between staff and Republic Services began in May 2016 and concluded in January 2017. Attached as Exhibit I is Republic Services' best and final proposal. The proposal is for a ten (10) year contract commencing January 1, 2017. Table 1 below summarizes the essential scope of work included in Republic's proposal. Page 4 of 13 March 15, 2017 Table 1 Residential Services • Once -a -week collection • Automated Cart Collection • Cart Exchanges • Unlimited use Pick-up • 1 -cubic yard of construction material • Backdoor collection • it Good Collection • Move ouVmove in service • Special Collection/Disposal Service • Christmas Tree Collection • Unlimited brush collection • No Charge leaf bag collection for 3 weeks • Yard Waste Subscription (includes food scrap material) $130/month • Option for unlimited yard waste collection (additional $ 1.15/house hold) • Option for electronics waste collection (additional $0.50/household) • Option for once --year Household Hazardous Waste Collection (additional $0.25/household) Commercial Services 0 2-5% net savings to consumers from the 2016 commercial rates. Multi -Family 0 Multi -Family Rates are less than Wheeling or Hoffman Estates - Discussion Republic Services proposes to replace the final year of the current residential and commerco contracts with the first year of the new contract. That is, the contract rates would be reti January 1, 2017 and the contract would terminate on December 31, 2026. This juxtaposition has the following immediate (2017) impacts when correlated to the final year pricing of the existing contract: * Residential single-family refuse and recycling rates decrease 16% ($12.62/unit -vk $10.60/unit) * Commercial refuse collection and disposal rates cumulatively decrease 2%-5% dependini? upon container volume and frequency of service (see Exhibit 2 for further detail). * The cost of white goods collection and disposal decrease 34% ($38.00/item to $25.00/item). Page 5 of 13 Republic Services Solid Waste Contract Extension March 15, 2017 Commercial recycling collection rates are unchanged. All commercial accounts receive up tG a ten (10) cubic yard container pulled once per week at no charge. Costs for additional containers or more frequent service remain unchanged when compared to the current • Curbside yard waste collection fee (paid to Republic) remains unchanged ($2.33/sticker). • Multi -family refuse collection rates increase 7% - 10% (see Exhibit 3). Comparison with SWANCC Communities Residential Refuse and Recycling Collection Table 2 contains a cost comparison of 14 SWANCC member communities for residential refuse, recycling, and, in some cases, yard waste coHection. All of these communities have separate contracts with haulers for locally specified services. As a consequence, the scope of work and terms of these contracts differ. For example, some rates include yard waste collection in lieu of a sticker program. These variances are noted in the exhibit where applicable, Table 2 CONTRACTTERM (YEARS) CONTRACT DATES GLENVIEW MOUNT PROSPECT (PROPOSED)it ARLINGTON HEIGHTS JANUARY 2015 MOUNT PROSPECT (CURRENT) MORTON GROVE NILES (INCLUDES YARD WASTE) TES HOFFMANN ESTASII EVANSTON (REFUSE & YARD WASTE ONLY) BUFFALO GROVE (INCLUDES YARD WASTE) . PARK RIDGE (INCLUDES YARD WASTE) . . . . . . . . . . MAY 2016 ELK GROVE APRIL 2015 WHEELING (INCLUDES YARD WASTE) PALATINE PROSPECT HEIGHTS (INCLUDES YARD WASTE) BARRINGTON (INCLUDES YARD WASIE) WILMETTE (INCLUDES YARD WASTE) APRIL 2015 *YARD WASTE STICKER PRGM ,, IIII-11-11— I,—,— /',' ................... .................... ,i,,;;,,„.... Page 6 of 13 Republic Services Solid Waste Contract Extension March 15, 2017 The single family residential refuse and recycling unit fee proposed by Republic Services is the lowest rate among the 14 surveyed SWANCC communities. The rate is equivalent to Glenview's recent contract with Groot Industries at $10.60 per household. The average residential rate is $14.82 per household. Republic's proposed rate is 33% lower than this mean. The four (4) most recently awarded contracts include Arlington Heights (January 2015), Elk Grove Village (April 2015), Glenview (April 2016), and Park Ridge (May 2016). The average rate among these communities is $12.83 per household. Republic's proposed rate is 19% lower than RITTUM Of the 14 surveyed SWANCC communities, eight (8) reported residential rates that include yard waste collection (in lieu of a sticker program). The average rate for these communities is $15.90 per household. Republic has offered a per household cost of $1.15 to add unlimited yard waste collection and eliminate the sticker program. This additional fee would increase the residential rate to $11.75. This rate is the lowest rate among similar contracts and is 30% lower than the mean for this group. fn*§&SZ and recycling collection is advantageous for the Village. Multi -Family Refuse and Recycling Collection Like single-family residential rates, multi -family fees differ among municipalities. To begin with, most communities do not include multi -family residential complexes in their refuse contracts. Furthermore, some have not committed this tonnage to SWANCC. Another common variance is pricing structure. Among SWANCC communities, only Mount Prospect, Wheeling; Barrington and Hoffman Estates structure pricing according to container volume and frequency of service. Exhibit 4 compares these rates. On average, Republic Services' proposed rates are 44% lower than the mean for this group. Other communities that include multi -family complexes request pricing on a per household basis (similar to single-family pricing). In order to facilitate further analysis, Village costs were converted to a household rate. The data in Table 3 (below) was created by multiplying the comparison communities' comparison rates by the number of multi -family households in Mount Prospect (8,351). This analysis presents the cost to service Mount Prospect multi -family customers using the rates established in the indicated municipalities. The average annual cost is $108.09 per multi -family household. Republic's proposed cost is $65.46 per multi -family household. It is the lowest cost of surveyed communities and is 48% lower than the mean for - - - - - ----------------- ,,,'age 7 of 13 ;ke:?uVic kteeices SAU Waste Untract Exttrision March 15, 2017 Table 3 Comparison of Costs to Service Mount Prospect Multi -Family Residential at Other Communities" Rates MOUNT PROSPECT (CURRRRENT) . ........... ........... 3F__ MOUNT PROSPECT (PROPO■SED) 1 $546,676.44 WHEELING $661,284.00 IDGE* $741,568.80 BU F FALO GROVE* PALATINE* $880,863.48 $960,030.96 )37.32 BARRINGTON HOFFMANN ESTATES .$1,119,720.84_. $1,132,648.08 411; selen 1,1�A'rl'L-L-TUFTi-rr-iUTiTffL3s ri an-ITTUT3177 cornmUlTfarTMI iiiiii Contract. Most do not. Instead, businesses secure these services from the open market. Further, none of the SWANCC communities commit commercial waste to the Glenview transfer station. F 17swe-177 "tuner 1411_55-�f U13 as a means to increase the bargaining power and lower refuse costs for Mount Prospect businesses. Prior to this contract, businesses individuafly negotiated services with any willing hauler. Rates were highly variable and generally above the market mean. During the transition to the new contract in 2009, 95Y,�eWs�unt#w� theX garnered Lngie Commercial refuse costs are determined by container size and frequency of service. That is, a bu5iness's costs-varry-bWhe size of thei f how often they're tipped. Republic's proposed rates and those of other communities with a commercial franchise are listed in Exhibit 5. Although informative, these rates are difficult to evaluate without a frame of reference. For example, the impact of low rate for tipping a 6 yard container four times per week might be mitigated if it is a level of service not frequently utilized by Mount Prospect businesses. To facilitate comparison, staff applied the rates of other municipalities to the known level of service (container volume, number of containers, and frequency of tips) for businesses in the Village. The Table 1 below summarizes this analysis: Page 8 of 13 RePLAblic Services Solid Waste Contract Extension March 15, 2017 MUNICIPALITY . . . ............... SINGLE FAMILY NUAL WHEELIN�G TOTAL $1,039,3S6.48 NILES (REFUSE & $1,208,122.68 MOU T PROSP �(PROPOSED) ECT�uniEt M�Ivo WILMETTE RECYCLING) COST BARRINGTON $115,814A4 $1,389,764M HOFFMANN ESTATES $116,733.20, $1,400,798.40 MOUNT PRVIII OSPECT (CURRENT) $117,487.85 $1,409,854.20 PROSPECT HEIGHTS $122,989.17 $1,475,870.04 Repubfic Services' proposed rates to service the existing Mount Prospect commercial refuse inventory is the third lowest in the surveyed group. The average cost of this group is $110,527 per month; Republic Services' proposed rates are slightly above this mean but are lower than four (4) of the seven (7) communities, All contract to a single hauler. Table 5 below compares the rates of these contracts by applying them to the existing book of Mount Prospect ,'1" waste customers. Republic Services' proposed rates were used to cailculate Mount Prospect costs. This analysis indicates that Republic Services' proposed rates are the lowest among communities with comprehensive solid Table 5 A;z'. ZIT.J�,-r �., . . . ............... SINGLE FAMILY MULTI -FAMILY Mll COMMERCIAL TOTAL ANNUAL (RE REFUSE (REFUSE & (REFUSE & ANNUAL & RECYCLING) RECYCLING) RECYCLING) COST COST ANNUAL COST ANNUAL COST MOUNT PROSPECT 1651,729,284.00 $618,133.80 . ......... $1,575,636.36 . $3,923,654.16 (Proposed) --- HOFFMANN $2,205,652.80 $1,132,648.08 $1,598,606A 07.28 ESTATES �MIVVX,141111 , Hws OMNI= 111:91", Page 9 of 13 • March 15, 2017 Yard Waste The scope of services included in the proposed contract extension can be modified by optional, additional fee services at any time during the term. Yard Waste There is no fee increase requested in the yard waste sticker fee payable to Republic Services ($2.33 per sticker). $130 per year. This service includes weekly collection of a 95 -gallon wheeled cart refuse container (no sticker needed). Cart rental cost is included in this fee. Republic Services has also submitted an option proposal to eliminate the yard waste sticker program and replace it with a flat fee applied to each single-family household. This option would facilitate unlimited yard waste collection, properly prepared in consumer purchased Kraft -style paper bags, at the rate of $1.15 per month universally applied to all single-family households.. In addition, Republic Services has submitted an optional proposal to provide unlimited yar, waste collection with a wheeled cart for all single-family residences at $2.40 per month ($1.15 as proposed plus $1.25 for the wheeled cart). Every household is charged the $2.40 should this program option be selected. cart. This rate would not be universally applied and would only be applied to households expressly requesting wheeled yard waste cart. Food Scrap Material A proposed new program that will facilitate weekly collection of organic household food scrap material (no meat or fish) in a 95 -gallon wheel cart eight (8) months per year. Program participation is optional at the cost of $130 per year. Cart rental cost is included in the fee. Electronics Collection Facility (May through October). This program is factated by SWANCC. In the event SWANCC discontinues this program, staff has asked Republic Services to propose a replacement or suppl�emental program option, The proposed program includes twice per year household electronics collection events at the Public Works Facility for Mount Prospect residents only. Page 10 of 13 Republic Services Solid Waste Contract Extension March 15, 2017 Funding would be generated by a monthly $0.50 fee universally applied to all single-family households. Alternatively, Republic Services has also provided a proposal to provide curbside electronic waste collection once a month at a rate of $1.05 / month. This rate would be universally applied mo. I I 70=1 •,•3 Household Hazardous Waste Collection A new program providing a one (1) time per year drop -o* event for common household chemicals such as oil-based paints, paint thinners, lawn chemicals, and used motor oil. Presentt;� 1r; Naperville, and Rockford. Funding for this option would be generated by a monthly $0.25 fee universally applied to all single-family households. Direct Billing A program option that would transfer single-family and multi -family residential solid wastc- billing from Village staff to Republic Services. Billing for commercial solid waste services is not included. Commercial customers are already directly billed by the franchise hauler. Republic Services' proposes to add this service for the monthly rate of $0.48 per household. Disposition of Collected Materials Curbside recycling collected in Mount Prospect will be delivered to Resource ManagemenI materials. RMC's facility is located at the facility located at 9999 Anderson Ave, Chicago Ridge, I RMC owns and operates material recovery facilities that procure, receive, process and ship a N4"ftWU#W1 tgUW5 and sale of secondary fiber to Asia. ; IeT Management, LLC in Hoffman Estates, IL. Indiana. ERI is the largest electronic recycler in North America. Certificates of destruction are available upon request. ERI facilities are R2 (Sustainable Electronic Recycling International), ISO (international Standards Organization) 9001, ISO 14001, and OSHAS (Occupational Health and Safety Assessment Series) 18001 compliant. Residential waste (residential and multi -family) will be disposed at the Solid Waste Agency of North Cook County (SWANCQ transfer station in Glenview, Illinois. Commercial waste will be Page 11 of 13 March 15, 2017 transported to Republic Services' transfer station located at 2101 S. Busse Road, Mount Prosi halLum= ,2ect, IL and loade Annual Escalator All SWANCC communities accommodate price increases and escalate refuse contracts by applying collars to the All Urban- Consumer, Price Index (CPI). The most common algorithm is to increase all fees at the annual inflation rate calculated util'izing the CP1 with a maximum ceihng Y f 2-1/2% or 3%. For example, if the CPI is 2%, all rates are increased 2%. However, if the CPI is 4%, the contract collars limit the increase to 3%. Most contracts include a 1% floor as well. Table 6 below depicts escalator clauses of surveyed SWANCC communities. Republic Services' proposes a fixed rate increase of 2-1/4% per year. They have expressed reluctance to tie the contract to the general CPI. They posit their costs are not reflected well in the consumer oriented index. Instead, they suggested the water/sewer construction sector of the index provides a better approximation of their costs. S7MT7MM,7MTTnW7rjrF7 s F - on s6CMFUrYi ONTIL C rate when compared to the general CPI. Further, there is no precedence or emerging trend among SWANCC communities to apply this, or any other, specific index sector to solid waste TUNG�WMI During the last 10 years, the average inflation rate calculated uitil�izing the monthly CP1 has been 1.9%. Republic Services proposed fixed rate is 17% higher than this average. IN/0-11111111 02=211 4 �,U 000-0 0. 1 -W 2111s (2000-2010). All of these averages exceed Republic Services' proposed 2-1/9% fixed rate. ommunity Escalator Glenview CPI; L25%-3% Buffalo Grove Arlington Heights Pl; 1%-3% Morton Grove lie U WA1,21 Hoffmann Estates Wheeling Palatine Wilmette Republic Services' proposes a fixed rate increase of 2-1/4% per year. They have expressed reluctance to tie the contract to the general CPI. They posit their costs are not reflected well in the consumer oriented index. Instead, they suggested the water/sewer construction sector of the index provides a better approximation of their costs. S7MT7MM,7MTTnW7rjrF7 s F - on s6CMFUrYi ONTIL C rate when compared to the general CPI. Further, there is no precedence or emerging trend among SWANCC communities to apply this, or any other, specific index sector to solid waste TUNG�WMI During the last 10 years, the average inflation rate calculated uitil�izing the monthly CP1 has been 1.9%. Republic Services proposed fixed rate is 17% higher than this average. IN/0-11111111 02=211 4 �,U 000-0 0. 1 -W 2111s (2000-2010). All of these averages exceed Republic Services' proposed 2-1/9% fixed rate. Page 12 of 13 Republic Services Solid Waste Contract Extension March 15, 2017 contractEscalating prices at a fixed rate carries the risk that costs• + exceed averages experienced throughout the economy. However, a fixed rate could also limit price variations + keep•! . below • .-term cost trends. Value -Added Services Republic Services' proposal establishes contract rates for specified services including refuse collection for municipal buildings, public areas, and events; roll -off containers for Village projects; loose leaf disposal; wheeled -cart exchanges; and three (3) weeks of free bagged leaf collection/disposal. These ! ! • in Table 6 • ! Table 6 Schedule of Value -Added Services Value -Added Services Total 0 Roll off boxes 4/r4 r 1675 Tons of '.f Disposal $77,050.00 Municipal• '11 r1 Residential• .. 1 - .. �. 0 - f 4 Recommendation findsStaff proposal su• ! by • ! to extend the residential1.! solits' waste contracts until December 1 • is responsived competitive. accountsProposed rates for residential refuse collection and recycling, including both single-family and multi- family households, are the lowest among 23 SWANCC communities. These rates decrease 16% when compared to the existing contract. Furthermore, they are also the lowest among the four (4) most recently bid or negotiated contracts in similarly situated communities suggesting that a more cost - Commercial rates decrease 2%-5% when compared to the existing contract and are also competitive when compared to other communities with exclusive commercial solid waste contracts; ranking third lowest among seven (7) SWANCC communities. In addition, it is relevant to note that the commercial waste market is highly variable when not regulated by an exclusive franchise. Over 90% of commercial +! • savings when initially migrated tocommercial contract11'. Republic Services' proposal is also highly responsive offering a wide range of innovative, customer - oriented, environmentally friendly services including curbside household electronic collection, ........ . ....... __ , "', . . .......................... . . . . . . . . . .......... Page 13 of 13 Republic Services Solid Waste Contract Extension March 15, 2017 option for unlimited yard waste collection at the lowest cost universal rate ($1.15/household) among the eight (8) SWANCC communities that offer such service. Furthermore, the proposed rates result in the lowest cost solid waste program when compared to the five (5) SWANCC communities that hold similar comprehensive single-family, multi -family, and commercial contracts. Finally, it is relevant to note that the Village's recent resident survey indicated 85% of residents are "satisfied" or "very satisfied" with solid waste services. This performance, when considered with Republic Service's long standing as a Mount Prospect business, their successful prosecution of the current solid waste contract, as well as their 2012 voluntary annexation into the Village, demonstrate the firm's unique and substantial commitment to the Mount Prospect community. Therefore, staff recommends that the Village Board waive the requirements for public bidding and accept the proposal from Republic Services to extend the existing residential and commercial solid waste and recycling contracts until December 31, 2026. Rates will be retroactive to January 1, 2017. Respectfully Submitted, 9EM99= Cc: Finance Director David Erb Deputy Director of Public Works Jason Leib Administrative Superintendent Kristina Jakupovic File C.,(UserslsdorseyIDesktoplREPUBLIC CONTRACT EXTENSION MEMORANDUM— DRAFT5.docm ........... ,, ; - " A /l/1i///l/,////l////ll/lll', , 1,... IM■.rl m 9 ;N yama''� w w I N WE J 11 c� rz w J 11 1; flIt"ll wax CID C4 C,l ........... m ell .o IIIkn 1; flIt"ll wax CID C4 C,l ........... ell .o 1; flIt"ll wax CID C4 C,l ........... F15. I § \ U � « $ - � ■ « � 7 k » / ¥e$ < 3 . Q ) s ■ # _ » Ell f r ju r IW! I�(I i RAMI ON � ff I If f j i M� Exhibit 2: Commercial Refuse CoRection Rates vs. Proposed Rates , , ; , ✓ ii,,, „u , , , , , , , .......... ................ Exhibit 3: MuItt-Family Refuse Collection Rates vs. Proposed Rates `�' �` : ��' �. rr��'��. ry �t, R sa 1 f r r :r,, % r . . 1, ..................... . I . x! x 4 1 sirl =I ;////, it/........ .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . . ...... - , - , " _ 11 /- - I I I I ,, I I I 1 11 1 A. Back Door Service: Collection and disposal of refuse at residential un its accordance with the Village solid waste program when specifically requested, the back door, or at a location outside and behind the front line of the residence.1 B. Building Materials: Articles commonly used in the construction, maintenance, a rehabilitation of all structures. I C. Bulk Refuse.- Including, but not limited to carpet/linoleum - rolls not to exceed 6 feet, mattresses/box springs, bicycles, barbecue grills, furniture, plumbing fixtures, large toys, swing sets (five-foot lengths) and lawn care equipment, snow blowers, microwaves, etc. Cart Collection — The Village's designated receptacle designed for automated collection of household waste; 35 gallon cart, 65 gallon cart and/or 95 gallon cart. The quantity, make and model size of said containers shall be as specified by the Village Manager. The color, style and design of the carts will be subject to the Village's approval. At the conclusion of the ten (1 0) year Contract, the carts distributed tif residents as part of this Contract shall become the Village's property including the remaining warranty. Any maintenance or replacement shall remain the Contractor's responsibility until the expiration of th(-! Agreement. 2 Tightly covered metal or other non -corrosive material, water tight, not exceeding thirty-two (32) gallons nor a total weight, when filled, of fifty (50) pounds. Every such container shall have secure handles for convenient lifting and carrying. Container is not approved for refuse waste and shall only be used for yard waste material. 3. A disposable refuse bag or liner not to exceed 33 gallons and not less than gauge .0015 for plastic, or two-ply, fifty (50) pound weight strength kraft paper, and shall not exceed a total weight of fifty (50) pounds when filled. A plastic bag or liner is not an approved container for yard material and shall not be used for yard material disposal. 4. The Village's designated receptacle designed for automated collection o? recyclable materials; 35 gallon cart, 65 gallon cart or 95 gallon cart. The quantity, make and model size of said containers shall be as specified by 11 the • Manager. The color, style and design of the carts will • subject to the Village's approval. At the conclusion • the ten (10) year • the carts distributed t4 residents as part of this Contract shall become the Village's property including the remaining warranty. Any maintenance or replacement shall remain the Contractor's responsibility until the expiration • • 5. A receptacle, one (1) cubic yard or larger, furnished by the Contractor for multifamily units where curbside service • each family is not provided. E. Contract Documents: This document and any addenda or changes to the foregoing documents agreed to by the Village and the Contractor. G. Curbside Service: In areas with conventional curbs, "curbside" shall refer to placement • solid waste behind the curb. In areas • conventional curbs, "curbside" shall refer to placement of solid waste in the parkway, a reasonable distance (i.e., not closer than two (2) feet, nor farther than five (5) feet from the ♦. Disposable Container: Any bag, box or other container of sufficient strength and durability to with stand handling until its contents are placed into the Contractor's collection vehicle. Containers and contents shall • exceed fifty- (50) pounds. Containers/bags for .''• material shall comply with Article X, Paragraph 2 •f these specifications. J. Disposal Site: Glenview Transfer Station (GTS), 3 Providence Drive, Glenview, IL 60025, sanitary landfills, composting sites, and processing centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits, or approvals to receive solid waste • processing • final disposal. K. Hazardous Waste: Waste, in any amount, which is defined, characterized, or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by, or pursuant to federal or state law; or waste in any amount, which is regulated under federal or state law. For purposes of this Contract, the term "Hazardous Waste" shall also include motor oil, gasoline, and oil-based ♦. L. Non-SWANCC Waste: Yard Material discarded by single family dwellings, multifamily dwelling units or yard material generated by municipal, commercial or industrial operations; residential white goods, residential and municipal recyclable materials and any other materials designated by the Village • collection, provided that such materials are not SWANCC Waste. Private 12 �ftM�- " I ", -/,/,/�/-/�/l/l/l/l/�/l/1""""-,/,/,,,,,,,//,//,//,//,,//,//,�///,��ll'�-I . .. . .. . .. . .. . .. . .. . .. . . . . . . . . . . . . . M'm -71" -/�'/ -- - /-" , , , . . ....... . ............ 'ns DO IM M, EM A =0 0 R M VITA M M. Prepaid Sticker: A label, attached to refuse, construction, demolition/remodelJ debris, and/or -yard materials which serves to identify that the fee associated wi the collection and disposal of said items have been prepaid. The sticker shall capable of being securely adhered to approved bags, containers or bundl limbs. I N. Private Service: In addition to the Village services provided by the Contractor on behalf of the Village, the Contractor shall also make available to the residents of the Village private service for all types of waste not otherwise covered by this Waste Contract including, but not limited to, earth, sod, rocks, concrete, rubble and waste from remodeling, construction and demoon of buildings, excavations and other materials; provided however, that the Contractor shall not be required to provide for the collection and disposal of poisonous or toxic materials and large quantities of liquid requiring tank truck disposal equipment. 0. Processing Center: Location to be maintained by the Contractor for the purpoll of sorting and preparing recyclable materials (as defined herein) for sale. 0 P.. Project Use Agreement: The 1992 Project Use Agreement by and between t Village of Mount Prospect and the Solid Waste Agency as amended from time timeP . Under the roject Use Agreement dated March 17, 1992 between t Village and SWANCC, the Village is required to take responsibility for SWANCI Waste. SWANCC Waste is to be delivered to a SWANCC Facility. Q. Public Awareness Programs: Program developed and provided by the Contractor to inform residents of the solid waste collection services and to encourage use of such services. R. Recyclable Materials: Aluminum cans and food containers, tin/steel/bimetal cans, including aerosol cans; newspapers; clear and colored glass bottles/containers. all HDPE and PETE plastic containers; corrugated cardboard; telephone books; mixed paper; magazines; chipboard; telephone books; milk cartons and drink boxes, MCIDBS; and other items the Village and Contractor agree to recycle in the future. S. Refuse: All garbage, ashes, manure, and dead animals or parts thereof, household litter, junk scraps, and small auto parts, providing all such materials are of a size sufficiently small to permit being placed in a suitable container or bag and not left in piles on the ground; up to one (1) cubic yard of tree limbs, (exceeding four inches (4") in diameter), roots, and tree trunks, provided such items do not weigh over fifty (50) pounds each, Christmas trees that are not composted or acceptable for compost; up to one (1) cubic yard of building materials from home remodeling and repairs, provided such items are put into disposable containers or in tied bundles not exceeding five (5) feet in length and not weighing over fifty (50) pounds per container or bundle; small amounts of brick, sod, earth, concrete, and rocks, provided such items are put into iK . .. ..;,,i-;,, .....,.;,;, , disposable containers not weighing over fifty (50) pounds per container. Yauq, materials and recyclable materials are not "refuse". T.. Residential Service: Collection and disposal of refuse, yard materials, al recyclable materials from residential units (single family and muitifamilly), I III •'�` ! • • AMi' V. yWaste: Residential refuse and general household waste, bulk items, and/orVillage and Village buildings waste, small amounts of construction, demolition/remodeling debris discarded by individuals occupying single family and multifamily dwelling units as well as waste generated from Village buildings in conjunction with municipalcorporate of the Village. The Village reserves • amend the definitions • ` SWANCC Waste during the terms of the Solid Waste Contract. X. Special Collection- Collection of items, either included or not included in the "Refuse" or "Bulk Refuse" definitions above. A special fee shall be charged by the Contractor for services above and beyond the regular monthly rate and billed directly to the owner, designatedTTitle to Waste: The Contractor shall, as the agent for the Village, transfer all SWANCC Waste to the Glenview Transfer Stations (WTTS) or such other SWANCC or Non-SWANCC facility by ii •i shall • transfer, as agentfor . !e, all non-SWANCC Waste to a facility or facilities mutually agreed upon by the Village and the Contractor. Legal title to SWANCC Waste shall remain with the Villagesuch waste is until accepted for delivery at the designated site. All Non-SWANCC Waste collected in accordance with the terms of the Contract shall,• property of the Contractor soon as it is picked up or otherwise* • in the Contractor's Z. Unacceptable Waste- Hazardous waste, non -hazardous special waste, friable asbestos•waste,•acid-batteries, industrial/commercial• hospitals,nursing and retirement homes. BB. Village Manager: The Manager of the Village of Mount Prospect, or his designated re C C. White Goods: All discarded refrigerators, ranges, water heaters, washers, dryera, freezers, air conditioners, humidifiers, dehumidifiers and other similar domesti* • commercial large appliances.. IIE '1110. Yard Material- Grass clippings, garden clippings, leaves, Christmas trees, and tree branches/brush four inches (4") or less in diameter. Tree branches and brush not placed in an approved container shall be bound only with biodegradable string or twine in bundles not more than five (5) feet in length, twil (2) feet in diameter, and weighing not more than fifty (50) pounds and manageable by one (1) person. The Contractor shall provide complete service for the collection and disposal of solid waste (as hereinafter defined) from any and all residential units, including multifamily dwelling units and from all Village owned or leased buildings (including the railroad passenger station) located within the corporate limits of the Village of Mount Prospect and from all street side containers for public use located on public areas and Kensington Business Center, The Contractor shall have the sole and exclusive franchise, license and privilege to provide solid waste collection and disposal services from all residential units withiin the corporate limits of the Village (single-family and multifamily). The Contractor shall pay all sales, use, property, income and other taxes that are lawfully assessed against the Village or the Contractor in connection with t e Contractor's facilities and the work included in this Contract. By law, the Village is exempt from paying Federal Excise Tax, State and. Local Retailers' Occupation Tax, State and Local Service Occupation Tax, Use Tax and Services Use Tax. The Village's tax -exempt -number shall be furnished -upon request of the Contractor., The Contractor shall secure and pay for, at its own expense, all necessary permits, licenses and certificates of authority required to complete the work, and shall comply with all requirements of such permits, licenses and certificates of authority to operate in the Village 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 Contract, Solid waste collections and disposal from commercial and industrial establishments within the Village are not included within this Contract. The Contractor may, at ft option, contract separately with businesses, institutions and agencies for collection service outside the scope of this Contract, subject to all Village 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 contract. Any Contracts between the Contractor and businesses, institutions and agencies shall covenant that said contract shall not interfere with the terms and conditions set forth under this Contract. F-MOV44111AIM711 I 11®RWITLOV0 W of this Solid Waste Contract, and on behalf of the Village, the Contractor must colledf and transport all SWANCC waste to the Glenview Transfer Station (GTS) or such other "SWANCC or non-SWANCC facility designated by the Village, and collect, transport and dispose of (or sell) Non-SWANCC Waste at a facility or facilities mutually agreed upon by t Contractor, Such SWANCCbe commingled with otherany Under the terms of the Project Use Agreement the Village has committed all SWANCC waste to the Glenview Transfer Station effective August 1, 1994. The Village"s estimated ' • of " , . tonnage '.e ,4" 0 00 This figurea• ' adjusted ` A. The a' •minimumyearsprior experience rendering exclusive residential solid waste collection and disposal service, pursuant to a contract in a municipality with a minimum population of requiring once -a -week ser=e. ContractorB. The + for •"Contract permitted sanitary landfill site or incinerator, compost facility, processing center, or le for the disposal and/or processing ♦ • • waste collected under the terms of •' ContractorC. The i to satisfy the requirements placed upon him underof this Contract. =• • i.... •; 1'. The Contractor shall furnish complete equipment, labor, materials and supplies, otherwiseexcept as t/. Collection shall be made from every residential unit within the Village of Mount Prospect, During the period of this Contract, the Contractor shall be the only solid waste d�isposal firm licensed by the Village of Mount Prospect to provide residential service for single family and multifamily lip 3. Residential waste from single family units and multifamily units shall be collected and transported separately a minimum of two weeks per year; the first full week of February and the first full week of July. During this period vehicles registered with SWANCC for use at the GTS shall be identified for either single or multifamily; separate tonnage reports shall r- !,. egetd during these designated periods. The Contractor shall conduct separated counts of the following materials collected and disposed of from single- family homes, two times per year. Contractor shall count brush bundles and containerized yard mater�al. The first full week of February and the first full week of July the Contractor shall count the number of refuse bags/containers and a separate count of bulk items set out for collection. All counts shall be submitted to the Village Manager in written form within thirty days of the completed count. The Village reserves the right to have the Contractor perform additional counts on a periodic basis. 4. The starting time for the collection services described herein shall no) commence earlier than 6:30 A.M. on any pickup day. All SWANCC Waste shall be collected and disposed of at the GTS no lat@6 than 4:00 PMMonday through Friday and no later than 12:00 PM on Saturday. 6. Except as modified during holiday weeks, refuse, recyclable materials and yard materials shall be collected once each week on the same day of the week, Monday through Friday. 7. The Contractor shall follow the established pickup routes within the Village's boundaries as indicated on the collection schedule map. (Exhibit 1) The Contactor upon notice from the Village of Mount Prospect must service areas annexed by the Village following adoption of the Contract. The Village may consider an alternate schedule if the Contractor can demonstrate it would improve residential services and result in a savings to the Village. The Village reserves the right to determine acceptability of an alternate schedule. 8. Collections normally failing on the holidays listed below (or any others so designated by the Contractor) may be deferred until the next working day: New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day 9. Under the terms of the Contract the Contractor shall not be required to collect any refuse from any commercial or industrial establishment, nor from any structure which does not contain residential family units. M 10 :. changes in refuse, recycling and yard material collectionand disposal policies or practices by the Contractorbe submitted in writing and b approved by fManager,1 d.ys prior r; the proposed change. The Contractor shall provide adequate numberfor collection vehiclesservices. All •- registered • r fir' R Northern ,•R iA• R r Regulations of the ' �f' kept in good repair and appearance and shall be maintained in a sanitary condition at all times. Each vehicle shall have the Contractor's name, a vehicle identification r^ and a toll-free local phone b- of the Contractor clearly visible on the side. Refuse and yard material collection vehicles shall be of a compactor type. No truck shall displace or leak fluids, oil, hydraulic fluids, _ event any vehicle not properly operable, i oimmediately provide a substitutecomplying outlinedwith the terms herein. A listing of vehicles to be utilized in carrying out this Contract shall be providedto the Village Manager prior to starting work under this Contract. Vehicles shall be capable of delivering compacted material directly to a disposal site acceptable to the Village Manager, The Contractor shall provide an adequate work force so as to ensure regular collection under adverse weather conditions, regardless of breakdowns or similar Kell' 2. The Contractor recyclables is suitable for the materials o 1e recycled, as required in this 3. The Village reserves the right to inspect said vehicles any business day throughout the terms of r r' to ensure that the vehicles are maintained in satisfactory• '�I• tii and otherwise maintained pursuant the terms • manner herein prescribed. r_Mm solidAll waste hauled by the Contractor shall be contained, tieor enclosed so that leaking,spilling, or blowing of • : is prevented. In the event of any spillage(by the Contractor)on parkway, or alley, the Contractor shall immediately clean up the litter or fluids. If such litter or fluids are not cleaned up after notice (verbal or written) from the Village, the Village may clean • same, and the Village•' bill the cost to clean up any spillage or displacement to the Contractor for services rendered by the Village. 2. The Contractor shall establish, and maintain an office through which he/she can ♦ ' readily contacted to receive service requestsor i4 The Contractor shall be equipped with sufficient tol�l-free telephone lines and knowledgeable staff at the disposal of Village residents. The W .................... ........ .. .......... - - ----- kaontractor shall have a responsible person in charge, and shall be opea *etween 8:00 P.M. and 5:00 P.M. Monday through Friday, 3. The Contractor shall assign a qualified person(s) to be in charge of his/her operations in the Village and shall give the name(s) and phone number(s) to the Village Manager, This individ�ual shall make contact at the Public Works Department not less than once a day. Information regarding the experience of the individual(s) shall also be furnished. A telephone number by which the Contractor may be reached after regular hours shall also be provided to the Village Manager. 4. The Contractor's drivers and crew members shall be attired at all times in a neat, professional like manner. The Village has the right to require or define what shall be considered suitable work clothes for collection employees. All employees shall carry Ufficial identification and shall present it upon request. 5. Each employee driving a vehicle shall, at all times, carry a valid Illinois operator's license for the class of vehicle being driven. Vehicle operators shall obey all traffic regulations including weight and speed limits. 6. In case of a missed solid waste pickup that is the fault of the Contractor and is reported to the Contractor by the Village or a resident, the Contractor shall collect the missed items from such residence within twenty-four (24) hours of notification. The Contractor shall log such calls, and provide a log to the Village Manager by the 15th day of the following month. In the event of valid complaints or other dents including, but not limite(#,� to breakage of glass during collection of recyclables, and/or yard materiai dropped during collection, and the like that are not cleaned up by th(; collection crew, the Contractor shall promptly arrange for cleanup within 24 hours after a complaint or notification is received. 11 # 7. If the resident fails to properly prepare his/her solid waste for collection the Contractor shall tag the material. The tag shall indicate why the material was not picked up. A separate list of addresses with solid waste not collected due to noncompliance of collection requirements must be recorded and submitted to the Public Works Department no later than 10:00 AM the day following scheduled collection. In the event the Contractor is unable to render scheduled residentiai service to any customer due to the inaccessibility of the customers solid waste, the Contractor will maintain a record of the address and time of the 19 9. In the event a street is closed due to construction work, the Contractor • to • refuse, yard materials, and recyclable materials in accordance with the regular schedule and in accordance with a method of collection approved by the Village Manager. The method of collection shall be a method offering minimal inconvenience to residents along the street. 10. In the interest • maintaining the best possible service under th(z provisions • the Contract, the Contractor shall hold monthly meetings with his employees in order to • and correct service •- reported by residents or the Village Manager. The Village Manager shall ♦- • twenty-four (24) hours notification • the time and • • each of these meetings and may assign staff to attend such meetings. 11. The Contractor shall •- responsible for any yard damage arising • •: his/her obligations, and shall make such restoration as • as possible. D. Disposal of Solid Waste 1 The Contractor shall transfer all SWANCC waste to the GTS or such other SWANCC or Non-SWANCC facility designated by the Village. The Contractor shall also transfer all Non-SWANCC waste to a facility or facilities mutually agreed upon by the Village and the Contractor. k7r. &A (ZA [�W_ DOI;] 41 (ZIO 0 to] 1110 N I VLA WAFZ1941D-XO lzl-j�o I it-, I (q$ All Non-SWANCC waste collected in accordance with the terms of this Contract shall become the property of the Contractor as soon as it is picked up or otherwise placed in the Contractors vehicle. Nothing in these paragraphs concerning titles to solid waste shall be construed to prevent the Village from obtaining or collecting any fees or proceeds owed to the Village under this Contract, nor shall it prevent the Village from initiating or maintaining any rights or actions reserved herein, regardless of titles or ownership of wastes. The Contractor shall, on the day of collection, transport all solid waste collected hereunder and shall dispose • and •-•• the same at the GTS or other transfer station approved by the Village. A state permitted sanitary landfill or incinerator, compost facility or processing center. The Village shall be allowed to dispose of materials at the landfill, compos') site • approved transfer site used • owned • the Contractor at the sarnz. rate as the Contractor. K11 ..........:....ilii. . ............................ .................... //,...,E . . . .... ...... .............................. . . .....iiiiii. . . ............ The Contractor shall provide the Village Manager with a monthly data analysis of solid wastes collected, i.e., tonnage, including partial loads of refuse collected and disposed of (separate tonnage for single and multifamily collections) at the GTS, tonnage of yard material collected and disposed of at a compost site, poundage of the various recyclables collected, revenues received, markets and the subsequent diversion rate. The report should include name(s) of the compost and material processing facilities where materials are being disposed of or processed. The analysis shall be received by the Village Manager on or before the seventh (7th) day of the following month. k". The Village Manager shall have the right to require the Contractor te occasionally weigh his/her trucks prior to dumping the material collected and to supply such weight information to the Village, 3. The Contractor shall maintain his/her books and records related to the. performance of this Contract in accordance with the following minimum requirements. a) The Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, and canceled checks as well as all other records or documents evidencing or relating to charges for services, expenditures or disbursements for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of said Contract. b) The Contractor shall maintain all documents and records, which demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract. c) Any records or documents required to be maintained, pursuant to this Contract shall be made available for inspection or audit at any time during regular business hours upon written request by a Village representative. The records shall be available to Village representatives at the Contractor's address indicated for receipt of notices in this Contract. Public Awareness: Prior to May 1, 2017, January 1, 2018, January 1, 201 January 1, 2020, January 1, 2021, January 1, 2022, January 1, 2023, January 2024, January 1, 2025, January 1, 2026, January 1, 2027 or any time there significant change in residential solid waste services, the Contractor shall responsible for costs to prepare and distribute informational brochures to residential units informing residents about rate increases (if appropriate), rout& and collection dates, items collected and how to prepare them, holid collections, and other information of benefit to residents about the solid was,--- collection program. The Village shall approve the brochures before they are �istributed. If the Contractor fails to collect materials herein specified for a period in excess of two (2) consecutive scheduled collection days, or fails to operate the system in a satisfactory manner, as determined by the Village, the Village may, but shall not be required to notify the Contractor, by certified mail, of his/her default under the Contract, and that said Contract shall be terminated unless the Contractor performs to the satisfaction of the Village within five (5) days of the date the aforesaid notice was received by the Contractor. In the event the default is not cured the Village may terminate said Contract, and the Village's obligation and Contractors rights hereunder shall cease and be of no further force or effect. In addition, the Contractor shall be subject to the terms stated above, should SWANCC waste and non-SWANCC waste be commingled for collection and disposal. it. The Contractor agrees that in the event the Contractor fails to fulfill any of the provisions stipulated in said Contract the Village may, at its option and without waiving any of its other rights, hire such persons and equipment and enter into such contracts as deemed necessary to perform the work described herein. And, the Village shall have the right to charge the Contractor such sum of money so expended. In addition, the Village shall be entitled to reimbursements of all expenditures, including all costs, expenses and attorney fees resulting from such failure of performance on the part of the Contractor. The Village may deduct from the Contractor's Letter of Credit or Performance Bond provided herein, any costs, expenses and attorney fees incurred as the result of the Contractor's default. 3. To prevent misunderstandings and litigation, the Village Manager or his designated agent shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of the performance, the interpretation of the Contract provisions, and the acceptable fulfillment of the Contract on the part of the Contractor. The Village Manager will determine whether or no) the quantity, character and quality of the work performed is satisfactory, determination shall be final, conclusive and binding upon both the Village and the Contractor and shall be issued in writing to the Contractor. The Village Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of this Contract and his findings and conclusions, when issued in writing to the Contractor shall be final and binding upon both the Village. 0� whether or not the work as performed is in accordance with th,-. requirements of said Contract. 5. The Contractor shall not be paid whenever he/she has failed to perform the work and provide the services as required in the Contract even if such failure is caused by events or occurrences of a nature commonly known as "force majeure", or acts of God or labor strikes beyond the Contractors control. 6. The Village may seek and recover from the Contractor any unpaid amounts due the Village, all its substantiated costs for the failure of the Contractor to perform any obligation under this Solid Waste Contract and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Solid Waste Contract, and whether incidental, consequential, indirect or punitive, resulting from breach. This agreement may not be assigned by the Contractor without prior written consent of the Village, which consent shall not be unreasonably withheld. This Agreement shall be binding upon and shall inure to the benefit of any successor or assign of the Village. 2. The Contractor agrees that throughout the term of the agreement it shall maintain its corporate existence and shall not merge or consolidate with any other entity and shall not transfer or convey all or substantially all of its property, assets and licenses, without the prior written consent provided, however, that the Contractor need not comply with this provision if in the case of any merger, restructuring or consolidation, the Contractor is the sole surviving legal entity. As an option, the Village may require the Contractor to bill the customers, (sing le/m ultifam ily property owner or designated agent) direct for a portion if the solid waste collection program. The Contractor shall be required to provide the followiqg: 2) The Contractor shall bill each household or association of households every four months. The bill shall indicate the dates of service, amount and due date. The form and substance of the Contractors bill is subject to review and approval by the Village. The Contractor shall provide a means for payment of bills in person during normal business hours either at an established place of business or in an approved depository within the Village of Mount Prospect. Payments are due within thirty (30) days of billing. KN Customers who have not remitted required payment within forty-five (45) days of billing shall be notified about late payment on forms approved by the Village Manager. Customers who have not remitted required payment within sixty (60) days of billing shall be notified on forms approved by the Village Manager that service may be discontinued. Service may be terminated fifteen (15) days from the date of the final notice, if payment is not made at that time, provided that the Village Manager is notified at least fifteen (15) days prior to the last day of collection. Late payment charges shall be equal to 20% of the unpaid portion of the bill. c) The Village dianager shall be charged with the responsibility to arbitrate all service and rate disputes between the Contractor and the customers. The Village Managers decision concerning such disputes shall be binding upon all parties concerned. d) The Contractor shall establish a system for crediting customers who make arrangements for temporary discontinuation of service for one month or more. e) The Contractor shall, on a monthly basis, deposit all proceeds received for tipping, administration and leaf removal into a special non -commingled trust account for the benefit of the Village. This account must not contain funds of the Contractor and only the Village shall be authorized to withdraw funds from said account, which will be made monthly. The Village reserves the right to audit this account at any time. Each month, the Contractor shall provide the Village with an accounting of all households billed, the amount of each bill and the amount collected by the Contractor from each household. The Village shall cooperate and assist the Contractor in the collection of funds owed for services performed, but all costs associated with the collection of said funds shall be the Contractor's sole responsibility. ARTICLE V! —MEFU,$..E-C"U"LLEC-irl"U""lY' AND DISPOSAL All SWANCC refuse is to be transported and deposited at the Glenview Transfer Station (GTS) or other designated SWANCC facility. MI The Contractor shall furnish a regularly scheduled, once weekly, refuse collection service for each single family unit in the Vill.•- o o geontractor shall not increase this frequency for single family units without Village approval). Multifamily units will be serviced based on the size of containers and frequency of service as outlined on the multifamily container inventory/schedule sheet. (The Contractor shall not increase the number of containers or frequency of service for multifamily units without Village approval). The Contractor shall provide refuse collection to all Village -owned leased facilities, including furnishing of adequately approv containers for all Village buildings and operations. Should addition] I containers or pickups be required by the Village such containers a pickups of refuse from those containers shall be provided by t Contractor during the term of this Contract. Also, from time to ti refuse containers or roll -off containers shall be provided by t Contractor for Village projects at various work sites. 2. Pickups shall be at the curbside of the residence or residential unit to be served or at the dedicated alley behind same (as the case may be), or in the case of multifamily units or municipal buildings, pickups may be in the designated "garbage area" located on the premises, provided that such designation meets the prior approval of the owner, Contractor and Village. 3. Containers: The Contractor shall provide, deliver and replace as needed a 35 gallon, 65 gallon, or 95 -gallon wheeled refuse cart tit every residential unit with cuirbside service at no charge to the Village or residents. The quantity, make and model size of said containers shall be as specified by the Village Manager., Residents shall have the option of substituting a 35,65 or 95 gallon cart for no additional cost to the Village or residents. The Contractor shall also make larger and/or additional carts available to residents upon request at no additional cost. 4. Container Sr)ecifications: The wheeled carts for this specification shall be designed to contain solid waste containing garbage, refuse, rubbish, yard clipplings and recyclables. The wheeled carts must be serviceable by both semi -automated and fully automated collection systems. Each cart will have a separate serial number for identification purposes. The Contractor shall supply the Village complete technical data, including pictures and construction specifications on the particular container being proposed for use in this Contract, The Contractor must provide a list of municipal references that have used the exact RR same make and model proposed for use in this Contract that the Village may contact regarding container quality'. The container being proposed must have been in regular service for a minimum of five (5) years and have been used in regular residential service in at least five (5) communities that required 15,000 or more carts. The Village reserves the right to request, at no additional charge, a sample and demonstration of the container proposed for use in this contract. The color, style, labeling and design of the carts will be subject to the Village's approval., At the conclusion of the ten (10) year Contract, the carts distributed to residents as part of this Contract shall become the Village's property including any remaining warranty. Any maintenance or replacement shall remain the Contractor's responsibility until the expiration of the C*ttract. 5. Distribution- The Contractor will be responsible for providing and distributing all wheeled carts included as part of this Contract. Carts shall be delivered�, fully assembled, to the households and/or properties covered under this Contract, The Contractor shall be responsible for recording the serial numbers of each cart as they are delivered to each household, or other designated municipal facility. 6. Collection. All garbage and refuse herein defined that is designated for collection and disposal must be placed in the provided cart. Residents will be allowed to place unlimited amounts of disposal units in addition to the wheeled cart at the curb for collection and disposal without incurring any additional charges. If the Village decides to implement a refuse prepaid sticker program for additional items outside the wheeled cart the Contractor will pick up only those items with the prepaid sticker attached. Residents habitually placing refuse at the curb in addition to the c will be required to use an additional cart. The Contractor will rep habitual residents to the Village at which time the Village will make t determination as to whether an additional cart is necessary. T Contractor will provide and deliver the cart to the resident at additional charge. I T. Damaaed Carts: The Contractor will replace all inoperative carts due to normal wear and use at no charge to the resident or Village during the term of this contract., T. The Contractor shall furnish bulk pickup service as a part of the regular pickup service to collect and dispose of all discarded material and trash which are too large or bulky to handle by packer -type equipment. The cost for this service shall be included in the basic, monthly, single family fee and the multifamily per container fees. Said items shall be placed at the curb or along side refuse containers by the resident on 26 his/her regular pickup day for collection. Specific items under the larger categories are determined at the sole discretion of the Villa and therefore, may be revised. I Bulk pickup service includes the following, but not limited to t following-, Carpettlinoleum (rolled) (6' lengths) Furniture Mattresses/box springs Plumbing Fixtures Bicycles Large Toys Barbecue Grills Swinglengths) Lawn Care Equipment Snow Blowers Microwave Ovens Water Softeners 9. If the Village implements a refuse prepaid sticker program for refuse in excess of the wheeled cart capacity the Contractor shall make two (2) special (spring and fall) "cleanup week" refuse collections. During this period residents will be allowed to place an unlimited amount of refuse at the curb on their pickup day. However, all items placed at the curb for pickup must be prepared according to normal specifications and certain items such as construction debris and large tree limbs in excess of four inches (4") will be limited to one (1) cubic yard of material each. YARD MATERIAL IS NOT INCLUDED AND MUST HAVE A STICKER TO BE COLLECTED. 10. The Contractor shall also provide free refuse collection to all street side refuse containers provided by the Village and located throughout the Village, i.e., commuter stations, bus shelters, commuter parking lots, public right-of-ways and Kensington Business Center. (Exhibit 6) Collection shall be at least weekly, except during the months of April through November, when pickup of these containers shall be made at least three times a week. The Village may require additional collections of containers that need more frequent service. The Village may also require the Contractor to service new containers as they are added in the future. The following special events shall require additional pickup of the containers by the Contractor: Winter, IrishFest, Memorial Day and Ju J,th Parades, Downtown Block Party and Oktoberfest. There shall no charge for this service. I 11. The Contractor shall pick up, at no additional charge move in and move out debris placed at the curb. 12. The Contractor shall be responsible for collecting all refuse items normally collected in the event of flooding or other man made or natural disasters, regardless of the amount of such material that is generated, however, all items placed at the curb for pickup must be prepared according to normal specifications. Collection times may be M Mr-11-AM-1114141VA.•• • 112, lazigli I oil 11;111501 =F1 0IM111W111010111NO] I All materials to be collected in the regular weekly service shall be placed in the Village designated cart except for such items that are too bulky to fit in said containers. Items too large to be placed inside containers may be set next to the containers for collection. 2) Where fully enclosed metal containers one (1) cubic yard or larger in capacity are required (multifamily units), or where Village ordinances require, such containers one (1) cubic yard or larger in capacity, they shall be provided by the Contractor. All containers shall have plastic lids and meet federal and state safety standards. In addition, all containers shall be visibly identified as refuse/garbage containers in both English and Spanish. The Contractor will also service those multifamily properties that own their own refuse containers. 3) Street side refuse containers for public use in public areas within the Village shall be supplied by the Village, and may be open and of wire mesh or closed and of metal or wood, and shall be of such capacity as the Village may require, up to but not exceeding thirty- two (32) gallons. 1) Containers one (1) cubic yard or larger in capacity used for providing service to multifamily dwellings shall be cleaned by the Contractor one (1) time annually. Cleaning shall occur each year between June 1 and August 15. Said cleaning shall be at the Contractors expense and be performed at the Contractor's location, not at the premises of the resident. YAMM RE UT I e G1510mer 3 -1 e 1reGUY-UY-AUn1r_—L;1, tWe Contractor. All such containers shall be exchanged at least once annually by the Contractor with similar steam -cleaned, sanitary containers without additional charge. The date of cleaning must be marked with large numbers on the front of the container. The Contractor shall provide any such additional exchange containers as necessary at reasonable RU rates, based on time and material studies and reviewed periodically as requested by the Village. E3M3M=j 1) The Contractor shall repair or replace, at his/her expense, containers damaged as a result of his/her handling thereof; reasonable wear and tear accepted. The Contractor shall place containers upright on the parkway and replace the lids or covers on containers immediately after emptying. 1 Each single family "stop" may have an unlimited number of refuse containers of the size and weight as specified herein. Additional items as described in Article I -C are permitted and may not be required to be in containers. The inventory (size, number and frequency of service of containers) for all multifamily, properties is determined by the Village. At no time shall the Contractor alter this inventory without Village authorization. The current inventory is attached. (Exhibit 2) The Village shall pay the Contractor for providing the once -a -we unlimited curbside service herein above described, calculated at a per month for each and every occupied single family dwelling u J1 located in single family buildings. This fee shall be all inclusive of a I 2nd all charges, taxes, and fees for collection and transportation refuse to the designated SWANCC facility.. Said cost does not includ- ?ny tipping fees. M 2. Compensation for any items that exceed the construction debris limit of one cubic yard and are not approved as a bulk item will be paid for at a per cubic yard unit cost ( Exhibit 3). The fee will include collection and transportation to the designated SWANCC site; no tipping or recycling fees are to be included. a. During the term of the Contract the Contractor shall be responsible for purchase, printing, and inventory control of prepaid yard material stickers. Stickers printed by the Contractor will be to the Village's specifications- i.e. color, design, sequential numbering system. Verbiage wili also include the selling price and be in sheets rather than rolls. b. Stickers will be purchased exclusively by the Village from ft; Contractor on an as needed basis. TheVillage will pay th(f- W 0-11 • all ItzleArIZIj a I ARN ellel 024 M C. The Village shall be responsible for sticker sales to Village residents either directly or through an authorized retailer. The selling price of the stickers shall be set by the Village, and all • received from sticker sales shall be retained • the Village. d. The Contractor shall have the option of accounting for stickers at its discretion. Stickers may be left affixed to proper items during thi; disposal process, or may have removable portions for the purposes of accounting, and may use serial numbering. Stickers musi adhere to container surfaces in all weather conditions. At leas') some portion of each sticker must have some form of thell"I deterrent, for example, being backed with pressure sensitive adhesive and slits (i.e., unauthorized removal will cause the destruction of the sticker). e. The Village and the Contractor agree to jointly establish reasonable administrative regulations as to the interpretation of theft and resolution of collection should a sticker show • • unauthorized removal from a • for reuse; • conversely a proper container lacking a sticker shows signs of having had a valid sticker affixed. At different times throughout the term of the contract the Village may choose to raise the selling price of the stickers to the residents. The Village will notify the Contractor of the proposed effective date and it will be the Contractor's responsibility to have the new stickers printed and available for distribution a minimum of seven (7) days prior to the effective date. The contractor will continue to honor the old colored sticker for the period established by the Village. At the expiration of such period, the contractor will be required to leave and tag any refuse or yard material that does not have the new colored sticker affixed. 3. Charges for services to multifamily properties will be based on the container inventory as set forth. The Contractor will receive payment according to the Fee Schedule (Exhibit 4) based on cost per container (different sizes), per weekly service required per month. (Special collections arranged by the multifamily property shall be billed directly to the •i••- • the Contractor.) The Village is responsible • billing all multifamily properties unless the Contract's Direct Billing option is implemented. If the Direct Billing option is implemented the Contractor will •- responsible for billing all multifamily properties. KX . .. . ............ __ . . ............... ........... __ . ... ...... 1.. The Contractor shall be prepared to offer back door service for refuse, recyclables and yard material collection through direct billing with residents desirous of receg backdoor service. The Contractor shall receive an additional monthly payment as outlined on the Fee Schedule (Exhibit 3). 2. The Contractor shall furnish a special White Goods (appliances) collection and disposal service. The charge for this service will be at a per item rate, billed directly to the customer at the rate indicated on the Fee Schedule (Exhibit 3). 3. At the request of a residential owner or resident the Contractor shall provide special collection and disposal service to the residents for all types of refuse material without limitation including earth, sod, rocks concrete, rubble, and refuse from remodeling, construction and demolition of buildings, excavations and other materials, except for poisonous and toxic materials and large quantities of liquid requiring tank truck disposal equipment. The Contractor agrees to keep available for this service tractor loaders, trailers and other equipment as may be necessary for providing this service. The Contractor shall on request furnish a resident with an estimate for the cost of removal of any materials pursuant to this private disposal service prior to undertaking such service. The rates based on a per cubic yard fee shall be at the rate indicated in the fee Schedule (Exhibit 3) along with any minimum charge. These charges will include collection, transportation and disposal fees at a permitted landfill, transfer site or incinerator of the Contractors choice. This is not classified as SWANCC waste and will not be paid for by the Village. All charges are to be billed directly to the customer., E. Amount Due Contractor- The Contractor shall submit one invoice per mon n including all solid waste and/or reusable household collection and d�spoj s charges, to the Village on the last day of each month and shall be paid by t Village not later than the twenty-fifth (25th) day of the following month. Howev if the Contractor receives payment from the Village not later than the twentie (20th) day of the said following month the Contractor shall allow a discount such invoiced amount as indicated on the Fee Schedule (Exhibit 3). F. Adiustment of Base Compensation Ur)on,Change in Residential Units: The compensation to the Contractor shall be adjusted quarterly on the basis of increase or decrease in the numbers of dwelling units in the Village during the preceding month. G. Direct Billing Option: As an option, the Contractor has supplied costs for assuming billings to customers. At the Village's option the Contractor shall be solely responsible, and at the Contractor's sole and exclusive expense, for resident billing and fee collection. Said billing shall be at the frequency outlined in Article VI, Paragraph L. Fees associated with this option are at the rate indicated in the Fee Schedule (Exhibit 3). 31 The Contractor will keep his portion of the fees collected as outlined in the Fee Schedule (Exhibit 3) and the remaining funds will be deposited in the special trust account as outlined in Article Vl, Paragraph L. ARTICLE VII YARD MATERIAL COLLECTION AND DISPOSAL A. Basic Service 1. Residents participating in the Village's yard material collection and disposal program may pay-by-bag/container (sticker) or participate in an annual subscription service. Yard materials shall be collected from the curb on a weekly basis, same day as refuse collection, from April 1St through December 15th each year. 2. Containers for the pay -per -bag (sticker) system shall be thirty (30) gallon, two (2) ply, fifty (50) pound wet strength per ply kraft paper bags, or standard thirty-two (32) gallon garbage cans. No plastic bags or boxes of any kind shall be allowed. 3. One (1) prepaid sticker shall be applied to each thirty (30) gallon kraft bag, each thirty-two (32) gallon container. 4. The Village shall obtain and sell "prepaid stickers" to residents and proceeds from the sale of these stickers shall be used to reimburse the Contractor for the cost of yard material collection and disposal. Prepaid stickers shall be sold to residents through local merchants and by the Village. The price to residents for these stickers shall be based on the Contractors per bag/container fee for collection and disposal as outlined in the fee schedule (Exhibit 3), plus any administrative costs (set by the Village). 5. For residents who wish to subscribe for yard material collection and disposal services on a monthly (annual) basis, as outlined in the Fee Schedule (Exhibit 3). The Contractor shall make 95 gallon wheeled carts available on a rental basis for subscribers. Residents who rent the wheeled carts shall be responsible for the cleaning and maintenance of the cart(s). Subscription users shall be directly billed by the Contractor. 6. The Contractor shall collect all yard materials that have been placed in kraft paper bags, carts or containers meeting the above specifications provided the bags or containers do not exceed a weight of fifty (50) pounds and have proper stickers affixed to them. The Contractor shall not be required to collect bags, carts nor containers that exceed the weight limit, contain items other than yard material, do not have stickers or paid through subscription service, or are unacceptable at the compost site used by the Contractor. 32 7. The Contractor shall collect all bundles of brush or limbs providing th(f- bundles do not exceed a weight of fifty (50) pounds per bundle, are nil more than five (5) feet long, are no more than twenty-four (24) inches ir diameter, do not contain limbs greater than four inches (4") in diameter, and are tied with a biodegradable material. 2. The cost for this service shall be included in the basic, monthl" single family fee. There will be no limit as to how many bundlesp. resident can place at the curb as long as they are all prepar properly.. Collection is restricted to the period April 1st throu December 15th each year, I 8. Tree limbs and logs greater than four inches (4") in diameter are defined as "refuse" and shall be collected by the Contractor along with refuse, providing limbs and logs do not exceed fifty (50) pounds in weight and five (5) feet in length. If the Village decides to implement a refuse prepaid sticker program for additional items outside of the wheeled cart the Contractor will pick up only those items with the prepaid sticker attached., The Contractor shall not be required to collect any more than one (1) cubic yard of such limbs or logs on any refuse collection day at any one (1) residence. 9. All yard materials collected in accordance with the terms hereof shal- become the property of the Contractor as soon as it is picked up of otherwise placed in the Contractor's vehicle. The Contractor shall have -a contractual obligation to ensure that all yard material collected is properly composted and marketed, or applied to farmland. 10. There shall be no limit to the quantity of the above mentioned yard materials the residents may set out except as noted, and all of the yard materials shall be picked up at one 11. If the resident fails to properly prepare the yard materials as stated above the Contractor shall mark the material with a label describing why the material was not picked up. 12. Clean Christmas trees shall be collected for composting by the Contractor on the same day as refuse collection (curbside and multifamily properties) for a full two (2) week period following Christmas day. Christmas trees set out for collection after the two (2) week composting period and trees with tinsel, etc. shall be collected as bulk refuse. Trees shall be free of all ornamentation and all non-organic portions of wreaths or garlands shall be removed. Christmas trees shall not be placed into plastic bags of any kind. Flocked Christmas trees shall be considered refuse unless the composting facility will accept them. The Village agrees to publicize these requirements to the residents. The cost for the Christmas tree composting program shall be included in the cost of the single family refuse collection fee; basic service. All trees not acceptable for composting must be disposed of as refuse and picked up by the Contractor on the same day.. Christmas trees may exceed five (5) feet in length. 33 13. From approximately September 1 through Thanksgiving residents rake their leaves into the street(s) for collection by Village crews. From September 1 until the first full week of October the leaves are removed with a street sweeper. From approximately the first full week of October through the last full week prior to Thanksgiving leaves are collected from the curb of residential neighborhoods one (1) time per week. The Village transports and deposits all collected leaves to designated transfer sites within the Village. The Contractor is responsible for transporting the leaves from the transfer site(s) to an approved compost facility. Approximately 18,000 loose cubic yards of leaves are collected annually however, this figure can vary considerably. While the service is primarily for the removal of leaves it is inevitable that a certain amount of "other" yard material will be mixed in with the leaves. Unless determined to be excessive (>10%) the "mixed" yard material shall be collected and disposed without additional charge. 14. If the Contractor does not operate a transfer station within a quarter (.25) mile of the Village's corporate limits the Village will use a site within the corporate limits as a transfer site for the temporary storage of Village leaves. The site referred to as, Melas Park is located in the Village on the north side of Central Road approximately one (1) block east of Busse Road. As this is a park site, the Contractor must remove the leaves deposited there by the Village on a constant basis during the fall season with no load on site for more than three (3) days before being removed. 15. The Contractor shall be responsible for furnishing and maintaining all equipment required at the transfer site to reload leaves into their own vehicles. They also provide the necessary manpower to operate said equipment and shall provide temporary signs or flagmen to protect park patrons from accidental injury as a result of reloading the leaves. As a result of uncontrollable variables such as volume of leaves collected and inclement weather, it may be necessary to utilize the equipment and labor provided by the Contractor beyond a "normal" eight (8) hour work day as well as on Saturdays and/or Sundays during this program. There shall be no additional charge should it be necessary to utilize labor and equipment on Saturdays and/or Sundays or beyond a "normal" eight (8) hour workday. 16. During the period from September I through December 1 of each year throughout the term(s) of this Contract, the Contractor must make available on a daily basis, either roll -off boxes or refuse truck(s) and driver(s) with special over -sized hoppers for three (3) street sweepers to unload into. Siting of said roll -off boxes or refuse trucks will be at the Village's discretion and may change several times each day to minimize travel time for the street sweepers. The bulk of the leaves will be hauled to the transfer site by Village trucks with an approximate twelve (12) cubic yard closed box. RE 17. The Contractor shall supply the Village with yard material containers or roll -off containers for Village generated yard materials at Public Works. The Contractor shall be responsible for transportation and disposal of yard materials at their compost facility and there shall be no charge for this service. 18. The costs associated with Paragraphs 13 through 17 (loading, hauling and disposal of leaves along with equipment use) shall be included single family refuse collection fee; basic service. 19. Commencing the first Monday following the end of the loose leaf collection program until December 15th, the Contractor shall collect bagged leaves from the curb according to the Village's designated residential collection schedule. Containers: The Contractor shall provide, deliver and replace as needed a 35 gallon, 65 -gallon or 95 gallon wheeled recycling cart to every residential unit with curbside service at no charge to the Village or residents. The quantity, make, labeling and model size of said containers shall be as specified by the Village Manager. Residents shall have the option of substituting a 35 gallon, 65 gallon or 95 gallon cart for no additional cost to the Village or residents. The Contractor shall also make additional carts available to residents upon request at no additional cost. 2. Container SDecifications: The wheeled carts for this specification shall be designed to contain solid waste containing garbage, refuse, rubbish, yard clippings and recyclables. The wheeled carts must be serviceable by both semi -automated and fully automated collection systems. Each cart will have a separate serial number for identification purposes. Contractors shall supply with the proposal complete technical data, including pictures and construction specifications on the particular container being proposed for use in this Contract. Contractors must provide a list of municipal references that have used the exact same make and model proposed for use in this Contract that the Village may contact regarding container quality. The container being proposed must have been in regular service for a minimum of five (5) years and have been W used in regular residential service in at least five (5) communities that required 15,000 or more carts. The • reserves the • to '-• at no additional charge, a sample and demonstration of the container proposed for use in this contract from any or all Contractors. The color, Q -tyle, labeling and design of the carts will be subject to the Village's approval. 3. Distribution: The Contractor will be responsible for providing and distributing all wheeled carts included as part of this Contract. Carts shall •- delivered, fully assembled, to the households and/or •i••- covered under this Contract. The Contractor shall be responsible for recording the serial numbers • each cart as they are delivered to each household, or other designated •. facility. 4. Collection: All recyclables herein defined that is designated for collectior and disposal must be placed in the provided cart. a. Recyclable materials shall be collected once per week, on the same day as refuse collection, during the term of the Contract. Commingled recyclable materials shall be placed, by the resident, curbside in the recycling carts. Recyclable materials do not need to •- segregated within the cart. However, should the resiR- •lastic containers #'s 5, • and 7; milk cartons and • boxes MCDBS; magazines; junk mail; chipboard; corrugated cardboard; telephone books; and mixed paper. The cost for recycling is to be based on these items. Any other items the Village and Contractor agree to recycle in the future, and any change in fees for the additional items will be negotiated at that time. 5. The Contractor shall provide, at no cost newspaper recycling collection bins at the commuter rail station in Mount Prospect, and shall empty bins as needed. Bins shall be weatherproof and of attractive design and appearance and shall be subject to the approval of the Village Manager. 6. If damage occurs to the recycling carts due to the negligence or fault of the resident, the Contractor shall bill the resident for the repair and/or replacement of said cart. 36 7. Carts to be used for the pickup of recyclable materials shall be made available through the Contractor exclusively. 8. All recyclable material collected in accordance with the terms hereof shall become, and be the property of the Contractor as soon as the same is picked up or otherwise placed in the Contractor's vehicle. The Contractor shall have a contractual obligation to ensure that all recyclable materials collected are properly processed and marketed. No collected recyclable materials shall be landfilled or nerated unless the Village Manager so gives advance authorization to do. 9. The Contractor shall provide a monthly accounting statement to thz Village detailing the amount of recyclable material collected, set out rates and participation rates. 10. The Contractor shall sell the recyclable materials collected from the residents. If changes in the market for the sale of any particular recyclable material makes continued pickup of such recyclable material economically unfeasible the Contractor shall consult with the Village regarding the market changes and the feasibility of continued pickup of the affected recyclable materials. The Village and the Contractor may re -negotiate the terms and payments under this Contract upon such a market change. 11. There shall be no limit to the number of recycling carts that the residen) may place at the curbside to have materials therein collected by the Contractor, and the Contractor shall collect from all that are placed out. 12. The Contractor shall be required to implement a tagging system for recyclables that are not collected. The tag should identify why the recyclables were not picked up. The Contractor shall provide an example of the tagging system to the Village for approval. 13. The Village has an ordinance in effect that prohibits the unlawful scavenging of recyclable materials listed in these specifications to protect the interests of the Contractor and the Village in the curbside recycling program. 14. The Contractor shall provide weekly recycFa-ble materials collection to all Village -owned facilities and various charitable and not-for-profit organizations. The cost for this service shall be included in the basic single family recycling rate. The Village of Mount Prospect currently requires service at the following locations: Village Hall 50 S. Emerson Street Public Safety Building 112 E. NW Highway Public Works Facility, 1700 W. Central Road Public Library 10 S. Emerson Street Northwest Suburban Special Ed. 799 W.. Kensington Road M Youth Services of Elk Grove Township ,es of ,wns Fire Station #12 Fire Station #14 t W lc�v 'y ct Administrative Offices Garage Rec Plex -'01 W. Golf Road 1601 W. Golf Road 2000 E. Kensington Ro 1000 W Central Rd Maple 4,20 Dempster 15. The Mount Prospect school districts are committed to teaching and participating in recycling, In support of their effort the Contractor shall provide recycling services to all schools located within the Village. The Contractor shall pick up any recyclable material included in the Village's residential program that is placed at specified collection locations in suitable containers. The cost of this service shall be included in the basic single family recycling rate and no charge shall be made for the school stops. The Village currently has nineteen (19) schools participating in its current recycling program. (Exhibit 5) 16. -the Contractor will receive a monthly fee as outlined in the Fee Schedule (Exhibit 3) for once -a week curbside collection per single family unit. This fee is all inclusive of any and all charges, taxes, and fees for the collection, transportation, processing and sale of all recyclable items. 17The Contractor fee, as outlined in the fee schedule, is based on no 50/50 revenue split; the Contractor shall retain all revenue from the sale of recyclables. The Contractor shall bear any and all losses associated with the collection, transportation, processing and sale of recyclables. 18. Recyclable Material Redirection Option: The Village may, at its sole discretion, direct the Contractor to deliver commingled recyclable material collected under Article X1 to a facility of its choice. The Contractor shall deliver the commingled recyclable material to the facility and shall not be responsible for any tipping fees associated with the delivering the material and shall not receive any revenue from the sale of the material. If the Village directs the Contractor to deliver commingled recyclable material to a facility (which will not occur prior to January 1, 2007) the Village shall compensate the Contractor at a price per unit per month based on an average of the previous twelve (12) months sale of material revenues. This amount will then be added to the compensation due the contractor under Article XI, A, Paragraph 16. The Contractor can request additional compensation for transporting the material if the facility selected by the Village is more than 10 miles from the corporate boundaries of the Village, If the Village elects to implement this Section, the Village shall provide notice to the Contractor 60 days prior to the redirectioni, and the term of ihe redirection shall be at least 12 months. The Village has the exclusive 9N 141 MIA The Contractor shall provide specially marked carts for commingled recyclables in multifamily complexes. Carts shall be ninety five (95) gallon carts visibly identified as recycling containers in both English and Spanish. The number of units and frequency of collection shall be determined by the participation level at each complex. The current inventory is listed on the multifamily container inventory. (Exhibit 2) 2. Recyclable materials collected shall be the same as those included in the single family program. 3. The same specifications outlined under the single family recycling program for collection and processing of recyclables pertain to the multi -family program. 4. Recycling carts that contain plastic bags with acceptable recyclables shall be accepted for collection by the Contractor., 5. Should the multifamily property obtain and maintain a good participation level of recycling, and there is a noticeable decrease in their refuse volumes the Village may reduce the number of refuse containers and/or frequency of service. 6. The Contractor will receive a month,ly fee, as outlined in the fee schedule (Exhibit 4), which covers the cost of supplying the ninety-five (95) gallon carts, collecting and processing for sale of all recyclables. The Fee Schedule is based on a per cart cost at various weekly service levels. 7The Contractor will receive a fee, as outlined in the fee schedule (Exhibit 4), based on NO 50/50 split. The Contractor shall retain all revenue from the sale of recyclables. T. ReUclable ' Red - irectlon Option: The Village may, at its sole discretioft-, direct the Contractor to deliver commingled recyclable material collected under Article XI to a facility of its choice. The Contractor shall deliver the commingled recyclable material to the facility and shall not be responsible for any tipping fees associated with the delivering the material and shall not receive any revenue from the sale of the material, If the Village directs the Contractor to deliver commingled recyclable material to a facility (which will not occur prior to January 1, 2007), the RE Village shall compensate the Contractor at a price per unit per month based on an average of the previous twelve (12) months sale of material revenues. This amount will then be added to the compensation due the contractor under Article X1, B, Paragraph • The Contractor can request additional compensation for transporting the material if the facility selected by the Village is more than 10 miles from the corporate boundaries • f EEO . ..... ...... . ............ ............ . ........ COMMERCIAL SOLID WASTE SERVICES CONTRACT SPECIFICATIONS 11111=11I, MITI FIT 0 1117: 1110 1 11!� 117, ff, INIMIP "Commercial Service" means the service provided by the Contractor, on behalf of the Village of Mount Prospect, pursuant to Section ,,.1. All I � IN 07A U�ik ZFEMP'NUMOM HIMAR11F. 11JLZJAQqJ1Z1*1E1HM� N�� "Contractor" means an [Illinois] corporation, and its successors and assigns. "Event of Default" has the meaning specified in Sections 9.3 and 9.4. "Non-SWANCIC Waste" means commercial refuse. Recyclable Materials (as described in Article VIII), and any other materials designated by the Municipality for collection, provided that such materials are not SWANCC Waste. "Project i 1992, between SWANCC and the Village of Mount Prospect, as amended from time to time. "Recyclable Materials" means (a) fiber products, including, but not limited to, newspaper, computer paper, white ledger paper (bond, typing, copier and index cards), colored paper (bond, typing, copier and index cards), envelopes, plain paper facsimile paper, glossy paper (magazines, brochures and similar items), manila and bleached file folders, junk mail, NCR forms, telephone and MLS books, old corrugated items, overseas cardboard, post -it notes and chipboard (b) containers, including, but not limited to, glass bottles and jars (clear, green and brown), food and drink cans (aluminum, steel and bi-metal), juice and milk boxes and cartons, aerosol cans, aluminum foil and formed aluminum ie1 ans ang DaW Wo `"SWANCC Waste" shal have the meaning ascribed to it in the Village of Mount Prospect Ordinance No.4409. 73HS=F a ARTICLE 11 SCOPE OF SERVICES Section 2.1. Commercial Services. The Contractor shall provide, on behalf of the Village of Mount Prospect, complete service for designated collection, transportation and disposal (or sale) of Non-SWANCC Waste at the facility or facilities mutually agreed upon by the Village of Mount Prospect and the Contractor. The Contractor shall be the sole and exclusive agent of the Village of Mount Prospect to provide the above - referenced Commercial Services. Section 2.2. Private Services. The Contractor shall, on its own behalf (and not on behalf of the Village of Mount Prospect, provide for the collection, transportation and disposal of all Private Service solid waste [at a facility or facilities mutually agreed upon by the Village of Mount Prospect and the Contractor and in accordance with the provisions of Section 3.2. (Exhibit A) Section 2.4. Excluded Services. Waste collection, transportation and disposal from all single family and multifamily residential within the Village of Mount Prospect arz not included within the Commercial Solid Waste Contract or as needed roll -off services for construction purposes. Section 2.5. Modification of Required Services. The Village of Mount Prospect reserves the right to adjust or expand the scope of Commercial Services required under the Commercial Solid Waste Contract, upon thirty (30) days prior written notice to the Contractor, to accommodate changes in the definition of non-SWANCC Waste or changes in the scope of services. The Village of Mount Prospect and the Contractor agree to negotiate an equitable adjustment to the Contractor's compensation under the Commercial Solid Waste Contract required as a result of any adjustment or expansion of Municipal Services. ARTICLE III WASTE COLLECTION AND DISPOSAL (a) Non-SWANCC Waste. Materials to be collected by the Contractor ir accordance with the schedule provided in Section 4.3 and transported to a stat; permitted sanitary landfill, transfer station, incinerator or processing facility mutually agreed upon by the Village of Mount Prospect and the Contractor, (Exhibit A) arTe' disposed or sold shall include the following: EN ........... . . . .. . .. . .. .. . . . . ON 111111 WHOM 0 li I I i iWIRMOMAN r1a'5 pru, lu prullue for ine collection and disposal of poisonous or toxic materials and large quantities of liquid requiring tank truck disposal equipment. For services provided pursuant to this Section, the Contractor agrees to ke-", available tractor loaders, trailers and other necessary equipment. Upon the request customer, the Contractor shall furnish an estimate for the cost of removal of a materials named in the immediately preceding paragraph., I Section 3.3. Schedule and Location of Collection. Commercial Service Was O. be collected in compliance with provisions of Village of Mount Prospect Ordinani No. (To be adopted prior to formalized contract agreement.) (a) Private Service Solid Waste. Private Service waste shall be collected in accordance with the provisions of Section 3.2 on a day mutually agreed to by the Contractor and the commercial entity between the hours of 6:30 a.m. and 6:00 Collection of waste from commercial entities adjacent to residential properties shall not commence prior to 6:30 a.m. gmg�� =$�� (a) Commercial (Aon-SWANCC) Waste. The Contractor shall transpori for processing all non-SWANCC Waste collected pursuant to this Solid Waste Contract to a permitted facility approved by the Village of Mount Prospect in accordance with state laws and any United States governmental agencies. The Village of Mount Prospect shall have a right to inspect, by its authorized representative(s), disposal sites, including transfer facilities used by the Contractor for the d isposa I/sto rage of solid waste collected in the Village of Mount Prospect; refuse, recyclables, yard material including loose leaves, If at anytime during the Contract, the facility(s) used by the Contractor is in violation of federal, state or local requirements regulating operation of the disposal site, waste collected in the Village of Mount Prospect must be delivered to other state permitted facilities. (b) Recyclable Materials. Recyclable Materials collected shall b(-! transported for sale (with an intermediate diversion for processing permitted) to sites approved by the Village of Mount Prospect. Section 3.5. Solid Waste Collection Data. The Contractor shall provide to the Village of Mount Prospect, at least once per quarter, a report on the quantity of all commercial waste collected within the Village of Mount Prospect. The report shall contain a detailed breakdown of the types of waste collected and shall be further EK detailed by the origin of the waste collected. Reporting format shall be approved in advance by the I.•- •I Mount Prospect. ARTICLE IV COMPENSATION (a) Non-SWANCC Waste. For providing for, on behalf of the Village of Mount Prospect, the collection, transportation and disposal (or sale) of commercial refuse and recyclables at a facility or facilities mutually agreed upon by the Village of Mount Prospect and the Contractor, and for providing revenue collection services, the Contractor shall receive as compensation the rates outlined in the Contractors Price Sheet, attached as Exhibit B. (b) Payment Terms. [Dates of payment and offsets for non -collection of -evenues • •- negotiated]. WON ION MTA a Section 5.1. Billing of Accounts. Commercial Services provided under Section 3.1 are provided • the Contractor • behalf of the Village. The Contract• - s erform • a quarterly basis, • an alternate schedule approved • the Village, • •- • the •- • • Prospect, the billing and collection • all rates and • imposed • commercial entities • the Village • • Prospect relating to such • Services. The Village • • Prospect will set the rates •-s by the Contractor and said rates are not to be changed without written approval of the. Village of Mount Prospect. The Village of Mount Prospect agrees to cooperate and assist the Contractor in the collection of funds owed for services performed. The Village of Mount Prospect further agrees to cooperate with respect to information, if any, • to vacancies •: any other information that will assist the Contractor in the • • the Solid Waste Contract. Section 5.2. Commercial Service. The Contractor shall, on a quarterly basis, or an alternate schedule approved by the Village, bill each commercial entity an amount payable to the Contractor for the collection, transportation and disposal (or sale) of Commercial Service waste for the previous [quarter]. The bill shall be payable by the commercial entity within fourteen (14) days. The Contractor shall account separately for all amounts received from commercial entities and hold such amounts, as determined by the Village of Mount Prospect, for the benefit of the Village of Mount Prospect. These amounts shall be remitted to the Village of Mount Prospect on a quarterly basis. Section 5.3. Private Service. The Contractor may, but is not required to, include as an item on each commercial entity's bill an amount payable • the Contractor for th(.- 0 F-11 0.419 IN I W, Section 6. 1. Title to Solid Waste. The Contractor shall retain title to all No SWANCC waste. i III 1�1111 141=1M,ilV,A'—j1 I&L -t; 11—'L'11- - (b) Transportation of Recyclable Materials. Recyclable Materials shall be sorted, processed and transported for sale to sites approved by the Village of Mount Prospect. The Contractor shall retain all income (and fully bear all losses) resulting from the disposition of Recyclable Materials. (c) Recyclable Materials Collection Data. The Contractor shall provide to the Village of Mount Prospect, at least quarterly, a report on the weight, in tons, of all Recyclable Materials collected from Commercial Entities under this Contract. The report shall also contain a weight breakdown, by tons, of the types of Recyclable Mqterials collected. (d) The Village of Mount Prospect shall have the right to add materials to the list of Recyclable Materials stated in Article 1, pending the availability of markets for materials to be added. (e) The Contractor, as agent for the Village of Mount Prospect, shal- have a contractual obligation to ensure that all Recyclable Materials collected arz properly processed and marketed., No collected Recyclable Materials shall be landfilleit- or incinerated, unless advance authorization to do so is given by the corpora authorities of the Village of Mount Prospect. (f) The Contractor shall sell all Recyclable Materials it collects under the Waste Contract, If a change in the market, for the sale of any particular Recyclable Material makes continued collection of such Recyclable Material not economically feasible, the Contractor shall consult with the Village of Mount Prospect regarding the market changes of the affected Recyclable Material. The Village of Mount Prospect Em may, in its discretion, agree to remove from the list of Recyclable ffiaterials any economicaLIly infeasibleupon (change. (g) The Contractor shall be required to implement a sticker system for Recyclable Materials that are .t collected. The sticker should identify Recyclable Materials were not collected. The Contractor shall provide an example of the sticker system to the Village of Mount Prospect for advance approval. (h) Properties that are currently engaged in the sale of recyclable material including, but not limited to scrap metal, glass, paper may continiue this process and retain all revenues. ARTICLE BREACH: EVENTS OF DEFAULT AND REMEDIES (a) Each of the following shall constitutep'.,, of the (i) failure of the Contractor to pay, within thirty (30) days after notice,,,1, the Villageof Mount Prospect of such nonpayment, amounts which are undisputed or which are due to the Village of Mount Prospect under this Solid Waste If the Contractor misses a collection under the Commercial Service the collection must be corrected within 24 hours of the reported missed collection or a charge of $10 per missed collection not satisfied within 24 hours will be charged to the 'Contractor. This provision will not be enforced if the missed collection is due to a labor ilispute of the Contractor's labor force unless the missed collection is not rectified within gcalendar (iii) the Contractor's being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit if its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (B) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (C) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against ihe Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (D) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (E) the levy of any distress,int or attachment uponp of !, Qi ihall (or which reasonably might be expected to) substantially interfere with its �terfbrmance under Solid the Waste Contract. Section 8.2. Breach by the Village of Mount Prospect. Each of the followi shall constitute a Breach on the part of the Village of Mount Prospect: I (a) failure of the Village of Mount Prospect to pay, within thi (30)days after notice from the Contractor of such nonpayment, amounts which a I undisputed or which are determined to be due to the Contractor under the Solid Was 1 Contract; 1 (b) (i) the Village of Mount Prospect being or becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (ii) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Village of Mount Prospect under the laws of any jurisdiction, bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the Village of Mount Prospect under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (iv) any action or answer by the Municipality approving of, consenting to or acquiescing in any such proceeding, or (v) the levy of any distress, execution or attachment upon the property of the Village of Mount Prospect which shall (or which reasonably might be expected to) substantially interfere with the Village of Mount Prospect performance hereunder. 1071! 1 F-11 1 111 N I I K111 111 1pr1i i if•I =—* OPTZZAI�i•"' •; •"� (a) If a Breach occurs under Section 8. 1, the Village of Mount Prospect may exercise any one or more of the following remedies: (i) the Village of Mount Prospect may declare an Event of Defa, and may then terminate the Solid Waste Contract immediately, upon notice to t Contractor and, subject to the provisions of sub -paragraph (v) below, upon su termination the Contractor shall cease providing services under this Solid Was 'I Contract; M (ii) the Village of Mount Prospect may seek and recover from the Contractor any unpaid amounts due the Village of Mount Prospect, all its substantiated costs for the failure of the Contractor to perform any obligation under the Solid Waste Contract and all damages, whether based upon contract, work stoppage, strike, Contractor negligence (including tort), warranty, delay or otherwise, arising out of the performance or non-performance by the Contractor of its obligations under this Solid Waste Contract, and whether incidental, consequential, indirect or punitive, resulting from the Breach; E" or may enter into a HOU contract Tor tne requirea serwy7s, or any po ion MOT, or may use such other methods as shall be required in the opinion of the Village of Mount Prospect for the performance of the required services-, (iv) the Village of Mount Prospect shall have the power to proceed with any right or remedy granted by federal laws and laws of the State as it may deem best, including any suit, action or special proceeding in equity or at law for the specific performance of any covenant or agreement contained herein or for the enforcement of any proper legal or equitable remedy as the Village of Mount Prospect shall deem most effectual to protect the rights aforesaid, insofar as such may be authorized by law; (v) upon any such termination of the Solid Waste Contract, the Contractor shall for a period requested by the Village of Mount Prospect, but not longer than six (6) months, continue to perform the contractual services during which period the Village of Mount Prospect shall continue to pay the Contractor its scheduled compensation; (vi) no remedy by the terms of the Solid Waste Contract conferred upon or reserved to the Village of Mount Prospect is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Village of Mount Prospect. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power or shall be construed to be a waiver of any such Event of Default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. No waiver of any Event of Default shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereto. (a) If a Breach occurs under Section 8.2, the Contractor may declare an Event of Default and terminate the Solid Waste Contract immediately, upon notice to the Village of Mount Prospect. In such event, the Contractors sole remedy shall be to seek and recover from the Village of Mount Prospect any unpaid amounts due the Contractor and any damages, whether incidental, consequential, indirect or punitive, resulting from the Breach. The Contractor shall not be entitled to specific performance or any other equitable remedies. a-] Section 9.1.. Non -Assignability. The Contractor shall not assign the Solid Waste Contract or any part thereof without the prior written consent of the Village of Mount Prospect. Approval, if any, for such assignment shall be made by the corporate authorities of the Village of Mount Prospect. The Contractor shall not assign or subcontract the Solid Waste Contract or the work hereunder, or any part thereof, to any other person, firm, or corporation without prior written consent of the Village of Mount Prospect, but the Contractor may perform its obligations hereunder through its subsidiaries or divisions. Such assignment shall not relieve the Contractor from its obligations or change the terms of this Solid Waste Contract. Section 11.6. Equipment to be Used by Contractor.. The Contractor agrees to collect al' materials described in Section 4.1 in fully enclosed, leak -proof, modern trucks. For th(; collection of Recyclable Materials, the Contractor shall use trucks specifically designed for recycling service. Containers used for providing service to commercial sites shall be cleaned by the Contractor once annually, or more often if necessary, to keep them in sanitary condition. Said cleaning shall be at the Contractor's expense and be performed at the Contractor's location, not at the premises of the customer, The date of cleaning must be marked, with large numbers, on the front of the container, (040.1 to's 0 41 NIANOW01 0110111, i el •.101 N ft -W 111 9"1"(0] M U WJr- 16 IN I A It.- I (z .0 i HN, I WIN- 11 ON Containers damaged due to normal wear and tear, as determined by the Village, shall be exchanged at no cost to the property or the Village. Containers subjected to damage in excess of normal wear and tear, as determined by the Village, shall be exchanged by the contractor and billed to the property according to the rate outlined in Exhibit B. M14141 4 t-It"14101 &-,I art] I met] MO ,��rzrom Residential Route I =7 HMO of = = West of U4*t SUV* between, aw oregary (imotmov both sidem of Main); north of Grepry wW ~ of DreOwkwoot North of Kens"ton and #W of Beentwood be#$ so" of wontwoftrj� W111, South of Or"Wy (im� both Okke of G"Ury)� ecel of Main Street a" Country Lorm ThUrO&W South of morthwom mlowejr. West of Mohn Street ond Country Low (Induding both ShUm of Main Str"t ond Country Lm*)t north of CoW. ent, of Route 913 (Imdudk4 the east mId& of Rouft Mora of L6� (Inckoding north sift of Lon=); east of &mee now (includke 60*t *We of Rood). owth of Lkwow (InckmOng north Wde of Lked1n), POWAY sGua of Limcom (wm*wd(ftq South we of woc#")� mmt of Mumme Itood (imcluding ~ stdo of Owmw Rood); South of to"quist (Indudho south side of LormwIst): west of Owto 83 (bwludhg wW of Route 63). W111, ......... .............. ..... .. Lq3MaUL,jjLTM,FarniIy Refuse and Recycling Inventory 61 3 2 8 Alpine 1500-60 Dempster 3 TTHS 15 1.5 Ashley Cove 3 MWF 3 4 3 1 6 3 1 8 Boxwood 1215-25 Boxwood 3 MWF 2 1 Brownstone 3 MWF 2 6 3 1 8 *Centennial North 900 Ardyce I Th 3 1.5 1 W 4 *Centennial South 900 Centennial I Th 3 2 Colonial Manor I & 7 N Main St 2 TF 1 1.5 Colonial Manor 5 N Main St 2 MWF 1 1.5 Main Street 9-11 N Main St 3 TF 1 1.5 Cony 3 MWF 23 4 1 M 22 Cottonwood 1701 -1901 Cottonwood 3 MWF 22 1.5 Countryside 700 Hunington Commons 3 MWF 18 1.5 1 T 6 East Prospect 415 E Prospect 2 TF 2 1.5 I TH 3 Forest Cove 1705 Forest Cove 2 TF 25 1.5 1 T 17 Fredlani 210 Kermilworth 2 TF 1 1 Dempster Trails 415 Dempster 2 TF I I Huntington Square 1300 S Elmhurst 3 MWF 26 1.5 1 F 12 3 1 4 213 W. Prospect 213 Prospect 1 7 1 1 Irminger 1009 W Prospect I T 8 1 Victoria Hills 1852 S Busse 3 MWF 20 2 Mansard Lane 1701 1725 Mansard 3 MWF 5 1.5 3 2 2 Mt. Shire 1821 81901 Goff 3 MWF 40 1.5 1 T' 57 Oak Terrace 419 Dempster 3 TTHS 20 15 Pharoahs 1704 S Busse 3 MWF 2 3 3 1 4 3 5 6 Windsor Court 519 Dempster 3 MWF 5 4 3 4 6 Pickwick Commons West 684 Dempster 3 MTHS 14 2 Prospect Commons 2006 Algonquin 3 MWF 7 4 3 2 6 3 5 8 Rand Park 1060-1130 Wheeling 3 MWS 5 2 Rand wood Towers 1019 Boxwood 3 MWF 3 4 1 M 9 Redwood 1503-55 Redwood 3 MWF 2 1 3 4 1.5 Sable Chase 1700 S Busse 3 MWF 8 15 Shabonee Trail 718-28 She Bonse 2 TF I I Lake Club 1850 S Busse 3 MWF 18 1,5 1 M 9 Timberlake 1450 S Busse 3 TTHS 23 115 r T 6 Westgate 280 Westgate 2 MTH 10 15 1 W 2 Tim vane 601-05 E Prosped 3 MWF 1 8 'Huntlngt3n Towers 551-71 Huntington Commons 1 W 4 4 1 T 10 River West 1532 River West 3 MWF 5 1.5 61 MUM Condominiums Cinnarnon 1103 Hunt Club „, 1255 W r msW Clocktower 4�00 Kensington ViCondos lageCentre lVillage 11 S Willie Centre Condos 5 W Clocklow 701701 Huntington Commons Village o0 M Village Centre 'np S Main Colony �50P Parliament Colony Country r I00 Creekskle 710 - 20 Euclid 'C"I Towers 1717 - r7 Crystal Goff Grove 1903 Goff Aunt Club 1103 Hunt Club Kenilworth 1255 W r msW Kensington 4�00 Kensington -akeside 601 601 Huntington Commons 1 625 625 Huntington Commons 2 MTh 701701 Huntington Commons 1.5 725 725 Huftngton Commons McDonald 5 MTWFS Orchard Vale 1400 S Elmhurst Meadows Northwest HW Prospect ProsW ProspectPoint 517 Central Townhomes 3 MWF 6 1.5 1 T 17 2 MTH 4 1.5 1 W 6 2 MTh 2 1.5 1 W 3 5 MTWFS 2 1.5 2 MW 3 5 MTWFS 2 1.5 1 W 3 3 2 1.5 1 12 2 TF 2 2 1 W 2 2 MWF 2 1.5 1 W 2 2 MTH 5 1.5 2 MTH 9 2 MTH 5 1.5 2 MTH 4 2 MF 6 1.5 2 MTH 12 1 T 20 2 1 T 24 3 MWF 2 1.5 1 T 6 3 4 1 2 TF 30 1 2 TF 18 1 W 1 4 1 Til 6 2 TF 4 1.5 1 M 9 2 2 2 2 TF 5 1.5 2 TF 3 2 rF 5 1.5 2 TF 3 2 TF 6 1.5 TF 2 TII 5 1.5 TF 3 MWF 1 4 2 MF 7 3 1 6 2 MTH 5 1.5 1 M 3 3 MWF 4 15 2 MTH 10 2 TF 3 1 1 TH 6 2 TIF 3 1 Lion Park 401 - 549 Lincoln 3 MWF 6 1.5 2 MF 15 Maple Street 310 - 46 MapM 3 TTH 2 1.5 2 MF 7 Euclid Lake Villa 1150 -129® Wheeling 4 MWFS 6 1.5 Lynn Court 3015 Lynn 2 TF 1 1 Mt. Prospect 920 -124® Boxwood 4 MWFS 11 1 4 20 1.5 Randviere Courts of dorm 1172 Wheeling 2 MTH 4 1 2 MTH 13 Randview Courts of South 9DO -1002 Wheeling 2 MTH 4 1.5 Exhibit 3 — Residential Fee Schedule Mll� MIMISM m Exhibit 5: Commerical Collection Fee Schedule 55 CURBSIDE RECYCLING CHURCHES LOCATION Church of the Nazarene 1501 Linneman Community Presbyterian Church 407 N. Main Cumberland Baptist Church 1500 E. Central Grace Lutheran Church 1624 E. Euclid yung Jae Methodist Church 901 W. Church King James 123 S. Busse Mount Prospect Bible Church 505 W. Golf Northwest Assembly 1400 Kensington Northwest Covenant 300 N. Elmhurst Peace Reformed Church 2090 W. Golf Rissho Koseikai Church 1 W. Euclid St. Cecilia's Church 700 S. Meier St.Emily's Church 1400 E. Central St. John's Church 1101 Linneman St. Thomas Becket Church 1321 Burning Bush South Church 501 S. Emerson Additional buildings of worship may be added. m MI Sate Al Site AddressfLocation Speciflic Location Type I 8,G East Commuter Lot (Akxig south side NW Hionvay, just E. of Emerson) 8 - Wong plafbm L 1...E n & INW HhNv L 2 OH Water Tower I - Woe, & NW Hwy v 3 811 Pubic Sahly Bud&V (112 E. NIN Ffighway) I , bus shekeir I - or NW 14" 4 - in p'!idng lot v 4 8K VdIage FUM CMI: Block (All of 50 S. Eawcsorr, pius Streetscape beds on f -- west sidle of 83 L W Side 83 arA wound libwary) 6 - we,,A side of Emersen L 3 - by amin erdrance L 7 - in !fie' one Plaza (!'-;.W. of BuMnq) L I - Cettral & 83 L 5 8M sseftile improvement (Busse Ave. between NW HIghway and Main St.) 2-- nodh of Busse v 3 - south of Busse v 6 aN Wfie -4(belymen Central and NW Fh 2 - eAst side of street L 7 __ 1I -Bra tent, of 30,1 W, Giual L 8 OG Streetscape I 04W Fh4vway/EffwsoI St area) 2 akxsg NW Fiwy 15S 4 awth IIS. buld LA=S 3 - east We of Eumson Lf. S 2 - west skk of Enwsan UPS 3, -Mm, & NW ", LFS 1- Main & Busse Awe- W 9 8R M ..Thr amt park L 10 U" West Commidef Ud LaLmA YNA Hktm , st VtLt St.D j j_ju 2 - east end of 11al L 11 Orain U TStation (11 E- NW Ffigbffayl t2 -!!neuq!iuIut. staimm L 12 OV .... ... .... YLM!W Centre Lat (between Maki SL and Witte) 3 - south side, abn!2 walk LIDS 13 SA Pfosp±Lt Ave- (Mm SU to Emerson, both stdes) 4 -, south side of street L 14 90 Mapte Sbeet LcA (southeast coaw Mapte and Prospect Ave.) 11 - ncmthi ef Pfuspect " Ped -Walk to RR L I - nod'hwest Comer d lot V, 16 16C Prwpect Ave- cerdw Wand and south skip (Central Rd. to Main St.) I -, nonh side of Prospect at Maiin Street L 4 - south sidle of PmsDect between Palace and Woke L. 8 = Bus Shelter - Steel W = Vider &miley - Wood V = V�dcr SWdley - RecytUd L = Landscape! Forms- SIM -M ..... ....... �/ . ................ ... ............ . ///� , '' - ............ . .......... ..... WD 9 Skp 9 Sfte AddreWLocafion SDecific Location Tvae 17TEuchd 5 Elmt�wst Rj I - irwithmst c(Arvw B I scudmst couner B 18 5 Eftnhurst Rd & Lleadow I - soudwst romeir B 19 7A CettenniW Pafk(N. side Certemrial Lh-.at Wegg2!e) I - afong waikway w 20 TB Kvmskqon Center kw Busaness (wadkkig path and seaWg areas( I ske A w 1 .1 Ske B w I - Ske 4, w 1- site 0 1.. ske E w I - -Ae G w I safe ll w 1- Sille I v I - %A.e, Ij w ste K 21 12 Goff Rd & Efmimxst Rd I Fledime'st ccxfmq B 1 smAtme-st comer B 22 14 Gaff Rd & Busse Rd, I • RoOfflest comer B Goff Rd & Oakwo,od I - shvest, Colnef B 14W W2 Ua, wxtb sideAN!!!!I. To NK Prcw Ij I - ast cmewAb, L 23 8VY' Mi. P—pect. Pvcpspft,fid I NAI+mv) 0 24 IGAI S.Cun* bw SA Ram iqdiuded eask sidpT,,AWA t Shuchm-e) I - east side bV JAWA w 1- A bm sleeker (N. side dAlgwRuinure about, IST B W- of �zle 8,3) AkjmqdvAmmmwan I - A bus Thekew (S -W mam) 0 Me 834-knOw ,ftn Commms 1- at bw shefter (W so& of WJ S, 1Hunikoon B Comims 6 = am It -- Step"i W = Vicim .1kadey WwA V =' IW tar SIMley - RmcydW L = LaWscape Fmm - Sleet M. lll'�M�M/- Page I of I 1 RE "",/—"" I ............... moloom Fast CmPmder Lot 8G . ......... ... . ......... rm f\ e Rol c�® _, rm_§., ,e ,«.»,< >,� .\y: M � o [M -A -P-;-2-1 RE PubflcSafety Building WWAAWN TftGAsam.p—, "p—lilmomw—, �4—f SiTF 81' Af � V11. 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Rte 83 & Uncoln ii,rie,,rop. 15fy"PoAt", - uJact, -!?$ k-I.P CA4 99 EXHIBIT A - LIST OF PROPOSED DISPOSAL AND RECYCLING SITES Contractor must submit list names with contract proposal. Sites must be approved by the Village of Mount Prospect m • UM -A M 7171 F1 II -gal W-7 VA I I M The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) business days of delivery of the Notice of Award, by personal service or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance., 2. Upon the Village's receipt of the executed contract, required bonds and certificate of insurance, the Village will issue and send to the contractor Notice to Proceed, that will start the performance period. 3. PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County.. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, www.state.il.us/agency/idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Departments website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price., 7W.7#4717077�#77 include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et. seq. Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electron,ic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name, (2) address; (3) telephone number when available, (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each ,iay; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly 9M • benefit rates; (12) the name and address • each fringe •- fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the plan administrator of each fringe benefit, if applicable. These records shall be kept by the participating contractor and subcontractor for a period of not less than five (5) years from the date of last payment on the contract or subcontract. No later than the 15th day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above -referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he • she • to •- false is a Class A misdemeanor. 41. The Village reserves the right to alter the scope of the required services to be performed, add such incidental services as may be necessary and increase or decrease the services to be performed to accord with such changes, including the deduction or cancellation of any one or more or th(!- services. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. 5. The performance of the required services shall be done under the supervision of the Village's Director of Public Works or his/her designee who shall decide all questions that arise as to the quality and acceptability of materials furnished, services performed, manner of performance, acceptable fulfillment of the contract, compensation and the disputes and mutual rights between contractors under the Speccations. 6. If the contractor fails to begin providing the services within the specifie time, or fails to perform these services in accordance with the terms of th approved schedule or performs the services in a manner unacceptable the Village, or if the contractor becomes insolvent or is declared bankru or makes an assignment for the benefit of creditors, or from any oth cause fails to perform the required services in a manner required by th i contract, the Village shall give notice to the contractor and its surety pi� writing specifying such failure, delay, neglect, refusal or default, and if th- contractor, within a period of ten (10) calendar days after the giving ( such notice, does not proceed in accordance therewith, then the Villag - shall have the full power and authority to declare the contract and th - contractor in default, and to forfeit the rights of the contractor in • 7. All costs and charges incurred by the Village, together with the cost of performing the required services shall be deducted from any monies due or which may become due to the contractor under the contract. Following any payment due and received by the Village from the contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this contract for the performance of required services during the contract period, the surety i• shall be entitled to receive the excess difference paid to the Village. When such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. The contractor shall exercise every precaution at all times for th(; protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practic-. obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public works or an authorized representative to discontinue such practice. 2. The performance of services under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary, in accordance with the contract doc*tients. 3. The performance of services shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the diligent execution of the contract. The Village or its inspectors shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Completed performance of services not complying with the contract may be rejected by the Vi'llage and shall be performed again by the contractor at no expense to the Village. 4. Except where the Specifications indicate otherwise, the Tillage is nol responsible for providing any tools, equipment, or storage under th,-: contract in order to permit the completion of any contractual obligations under the contract. 5. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to perform the services required, and the contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee or representative whose employment is reasonably detrimental or objectionable to the Village shall be transferred immediately from the work site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the performance of the services required under the contract, or as making the Village responsible for safety, All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the contractor, and shall meet the standards of OSHA and the State of Illinois safety codes as may be required by law, The Village reserves the right to inspect the equipment that will be used prior to the award of the bid. Dffi 6. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be competent in the English language. C. Bond; Insurance; Indemnification Performance Bond. Upon submission of the executed contract to the Village, Contractor shall furnish to the Village a surety bond in the amount one hundred and ten percent (110%) of the bid for the faithful performance of the Contract and to indemnify the Village against loss. The premium of such bonds is to be paid by the Contractor. The surety must be with a substantial surety company satisfactory to the Village and authorized by law to do business in the State of Illinois and endorsed by a local representative of said surety company. All performance bonds shall name the Village of Mount Prospect as Obligee and be written upon forms prepared or approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan area. The bonds and Letter of Credit shall remain in effect during the full term of the Contract and any extension thereof. Failure to so provide these bonds or Letter of Credit shall result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated damages and not as a penalty, and the termination of the contract and/or withdrawal of the award. 2. Insurance Requirements. In the submission of a bid, the bidder is certifying that it has all the insurance coverage required by law or that would normally be expected for the bidder's type of work. In addition, the bidder is certifying that, as the successful bidder/contractor, upon execution of the contract, it will provide insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the contract. The Village shall be named as an additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 . ............................... .... //-- . ............. . ....... .......... IMEM4,.•. M 04 3. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defendand pay all attorneys fees and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the contract, or otherwise provided by the contractor, shall in no way limit the responsibty to indemnify, keep and save harmless and'defend the Village as herein provided. The contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid Specifications. 1 If, at any time, it shall be found that the person, firm or corporation to whom the contract has been awarded has, in presenting any proposal or proposals, unlawfully colluded with any other party or parties, then the contract so awarded shall be null and void, and the consultant and his sureties shall be liable to the Village for all loss or damage which the Village may suffer thereby, and the Village may advertise for new bids for performance of the required services. 2. The contractor shaH, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction, Likewise, said contractor shall be governed by all municipal ordinances and reguilations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the Village, its officers, agents and employees against any claim or liability arising 99 from or based on his violation of any law, ordinance, regulation, decree or court order. The bidder and contractor, as the successful bidder, shall comply with all applicable federal, state and local laws, including, but no'j limited to, the following: a. Bid Rigging/Rotating. By submitting a bid, the contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. Tax Payment. The contractor certifies that it is no'j delinquent in the payment of any taxes to the Illinois Department of Revenue pursuant to 65 ILCS 5/11-42. 1 -1. C. Dru-q Free Workplace Ac. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the time of entering into the contract pursuan) to 30 ILCS 580, et seq. No n- Discrim i nation. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 1 LCS 10/1, et seq. 9. Equal Employment Opportunit y. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105 that will be produced to the Village upon request, and the Rules and Regulations of the Illinois Department of Human rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, that is a material term of all public contracts, as set forth in Exhibit B. h. Compliance with Freedom of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short time from receipt of a FOIA request to comply with the request and there is a significant amount oT work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public 90 records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. The bidder/contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalties, losses and injuries (including but not limited to, attorneys fees, other professional fees, court costs and/or arbitration or other E. Work Guaranty General Guaran!y. Reither partial or final payment, nor any provi I si in the contract, nor partial or entire use of the product/Work embrac in the contract by the Village or the Public shall constitute acceptance of work not done in accordance with the contract, responsibility for failure to comply with the terms of those contra documents. I Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. 0 Manufacturer warranties and guaranties be shall submitted bi with the and shall be considered a part of the contract where su specifications meet the minimum bid Specifications. I 2. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of 54 two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. F. Miscellaneous Contract Requirements Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager or their authorized representative. 2. Licenses and Permits. The contractor shall procure at its own expense all the necessary licenses and permits in connection with the work under the contract. 3. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. 4. Notices. All notices required by the contract shall be given in writing. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. 92 ........ . . . . . . . . .................... . .................... . ........... EXHIBIT A (Upon award of contract, to be attached to Solid Waste Service Contract 2017-2027 as Exhibit A) ProposalForm Villaae of Mount Prospec SOLID WASTE SERVICES CONTRACT 2017-2027 045RI-M ■ E] Individual Proprietorship El Joint venture E] Partnership Corporation Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? F] YES NO If yes, explain in full detail on a separate sheet of paper. service? El YES El NO If yes, explain in full • a -•. sheet •i •.- Have any complaints .•. the • been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, ?ny other governmental body during the period of one year prior to the date of this proposa [I YES F� NO 11 Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. In submitting this Proposal Form requesting award of the Village of Mount Prospect Solid Waste Services • 2017-2027, 1 hereby certify that: In submitting this Proposal Form requesting award • the Village • T• Prospect Solid TTaste Services • 2017-2027, 1 hereby certify that: I im (47t. I its] 54 INIEW141 i-*1q91(i7'1ffi4 2. Neither 1, • any person who will •- working • my behalf, has •- convicted •- the. laws of Illinois or any other state of an offense which under the laws of this state would be a • involving the theft • property, violence to persons, • criminal damage to ••' Please not- •. pastand can demonstrate a compelling showing that he/she is neverthel- •- • person or operator may •- approved • the •- Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 • 33E-4 • the • Criminal Code • •. (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); • delinquent in •. • any taxes to the • Department • Revenue • to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee • tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Vlorkplace Act (30 ILCS 580/1, et seq.); fi. I shall comply with Article 2 • the Illinois Human Rights Act (775 ILCS 5/2-101, et • and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 • that Article and Act; M m11171TTRI9119 i 11«g? 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 9. All of the information I have provided in this Application has been truthful and given in good faith. I have read and understand the information provided with this 01roposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and the Solid Waste Services Contract 2017-2027, and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect Solid Waste Services Contract 2017-202T 21St #{? »=1 23�y±##� #'hone No. Date � VILLAGE OF MOUNT PROSPECT SOLID WASTE SERVICES CONTRACT 2017-2027 and I an located at Illinois, (hereinafter the "Contractor"). 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposai Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. 2. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; I - . ..... . . ................. ///_- / ........... ...... r///%//,', � .... ... .... ............... I I 1 11 ",i...... e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follow& Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation, During the performance of this contract, the contractor 2grees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder, N1EKQ1ZkTM 1141111tivan"falmor. M111 or the contracting agency, and in all respects comply with the Illinois Huma Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts an work sites by personnel of the contracting agency and the Department fc purposes of investigation to ascertain compliance with the Illinois Human Righl Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this claus in every subcontract it awards under which any portion of the contract obligation are undertaken or assumed, so that such provisions will be binding upon suc subcontractor. In the same manner as with other provisions of this contract, th contractor will be liable for compliance with applicable provisions of this clause b fwVi&--K—.4ifl ArtrnAlLy-rft L L V �U&&rycraf i the Department in the event any subcontractor fails or refuses to compl therewith. In addition, the contractor will not utilize any subcontractor declare by the Illinois Human Rights Commission to be ineligible for contracts c subcontracts with the State of Illinois or any of its political subdivisions c municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 ( the Equal Employment Opportunity Clause above, following is an excerpt c• Section 750.30 of the Department of Human Right's Rules and Regulations fc Public Contracts: Title 44, Part 750, Section 750 .30, Illinois Administrativ Code, Subcontracts 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. IMETHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. K� 9. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. 'CONTRACTORS LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and th(; respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased' by the Village. Such insurance will not be canceled, reduced, or materially changed without providing ihe Village thirty (30) days advance written notice, via certified mail. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the V'ilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning May 1, 2017, and shall remain in effect until December 31, 2027, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to one (1) year period beyond the termination date by mutual, written agreement between the Village and the Contractor.. M 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 100 18. MERGER -AMENDMENT This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties.. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be ar original and all of which shall constitute but one and the same instrument, 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. on —� 2017. M Karen Agoranos, Deputy Village Clerk M. Secretary 0 MOZIUa'M � 4MoNTRIUM 11'111[1 RIK OEM KOI Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that Contractor as Principal (hereinafter "Contractor"), and , with main office at a corporation of the state of as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated (hereinafter "Contract"), for the construction of in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract made a part hereof. is incorporated herein and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to comply with all obligations assumed by Contractor in connection with the performance of the Contract and all such modifications, alterations, changes, or additions, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Upon receipt of written notice from the Village that the Contractor is in default, and performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy the default; (2) arrange for the performance of Contractor's obligations under the Contract through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village to complete the improvements at Surety's expense. The balance of the contract price shall be credited against the cost of completing and/or correcting the Contractor's performance under the Contract. If the cost exceeds the balance of the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the Contract, any additional legal, design professional or delay costs arising from Contractor's default and/or resulting from action or inaction on the part of the Surety and liquidated damages, 102 [014 RII 011 The term "balance of the contract price" means the total amount payable by the Village to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer, No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or --xtension of time in the Contract. Signed and sealed this _ day of Contractor Surety By: By: Signature Officer Of The Surety Title Title ATTEST: Address: Corporate Secretary (corporations only) E*-IIFTAIIIMOI (insert Name of Afforney-in-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 201_. Notary Signature: My Commission expires: MN