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Home My WebLink About9.3 Motion to accept proposal from Republic Services for the 2027-2036 Solid Waste Services Contract.Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page Motion to accept proposal from Republic Services for the 2027- 2036 Solid Waste Services Contract, February 17, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Y Approximately $4.7 million annually Refuse Disposal Fund VILLAGE MANAGER'S REPORT Action Item The Village of Mount Prospect (the Village) currently provides comprehensive solid waste services for single-family, multifamily, and commercial properties through a single, combined contract. This contract is an exclusive franchise and provides uniform service to all eligible parcels within the Village. The current solid waste contract was executed as a ten-year agreement beginning January 1, 2017, and concluding on December 31, 2026. Residential Solid Waste Services Residential solid waste is disposed of at the Solid Waste Agency of Northern Cook County (SWANCC) transfer station located near Central Road and River Road in Glenview, Illinois. Pursuant to the Project Use Agreement executed on March 17, 1992, all residential refuse for both single-family and multifamily properties is contractually committed to this transfer station. The Project Use Agreement expires on December 31, 2031. If SWANCC ceases operations after December 31, 2031, the Village and Republic Services will negotiate mutually agreeable disposal arrangements in good faith. Disposal costs, commonly referred to as ""tipping fees," are not included in the Village's residential contract and are paid separately to SWANCC. This cost structure is consistent with most SWANCC member communities, where disposal fees are billed independently of collection services. Under the terms of the contract, the Village pays the contractor for refuse, recycling, and organics collection services. Other services, such as white goods collection, are billed directly to customers by the hauler at established contract rates. Residential customers, including both single-family and multifamily properties, are billed directly by the Village. The existing residential contract serves 13,625 single-family units and 8,865 multifamily units. The total cost for residential services in 2025, the most recent year for which actual data are available, was $2,983,553. Commercial Solid Waste Services The current commercial solid waste contract provides refuse collection and disposal services to approximately 725 commercial properties. Commercial refuse disposal is not included in the Village's project -use agreement and is not obligated through SWANCC. As a result, the contractor may dispose of refuse at any licensed transfer station or landfill that offers a competitive advantage; therefore, tipping fees are included in the contract. Historically, the Village has observed that tipping fees at non-SWANCC facilities have generally been lower. Commercial customers are billed directly by the contractor at rates established in the contract. Container volume and frequency of service are determined by each customer based on their operational needs. The approximate value of the commercial contract in 2025 was $lf669f584. Combined, the value of the residential and commercial solid waste contracts totaled $4,653,137 in 2025, of which approximately 64% is attributed to residential services and 36% to commercial services. Request for Proposal Staff solicited a proposal from Republic Services to extend or renew the existing exclusive residential and commercial solid waste agreements. Consultation with SWANCC Executive Director Christina Seibert suggested that the Village was in a favorable negotiating position due to increased local industry competitiveness. In addition, staff thought it prudent to explore a negotiated contract with Republic for the following reasons: 1. Long history of excellent service. Republic has effectively provided solid waste collection services to Mount Prospect residents and businesses at below -market rates since 1998. 2. The Village's current contract with Republic is one of the lowest cost agreements for solid waste collection services among 23 SWANCC communities. Republic Services was asked to submit a cost proposal for a renewed exclusive service contract encompassing all residential and commercial solid waste customers within Mount Prospect. Staff directed that the proposal mirror the scope of work included in the existing agreements and requested a proposal with a focus on competitively low-cost service delivery when compared to both the current contract and similar SWANCC communities. Negotiations between staff and Republic Services occurred from July 2025 through December 2025. Attached as Exhibit 1 is Republic Services' best and final offer for a proposed ten year contract commencing January 1, 2027. Table 1 below summarizes the key elements of the scope of work included in the new contract. Table 1 Residential Services • Once -a -week collection • Automated Cart Collection • Cart Exchanges • Unlimited Refuse Pick-up • 1 cubic yard of construction material • Backdoor collection • White Good Collection • Move out and move in service • Special Collection and Disposal Service • Christmas Tree Collection • Unlimited brush collection Commercial Services • Free once -a -week commercial recycling (up to 10yd dumpster) • Most commercial customers using the most frequent and standard service setups, particularly 1-2 pickups per week with medium -to -larger containers, will receive double-digit percentage savings, with some rates reduced by nearly 20-30%, resulting in lower overall refuse collection costs while maintaining CPI -level adjustments for other services. Multi -Family • Multi -Family Rates are less than Wheeling, Park Ridge, Niles, Palatine, Evanston, Buffalo Grove, Hoffman Estates, Barrington, and Wilmette. Discussion Comparison with Existing Contract The proposed solid waste contract maintains the full scope and service standards of the existing agreement. It continues to provide single-family refuse, recycling, and yard waste collection with no changes to program components, cart exchanges, or weekly collection schedules. Comparison with SWANCC Communities Residential Refuse and Recycling Collection Table 2 provides a cost comparison of the available contracts for 19 SWANCC member communities for residential refuse and recycling services. Each of these communities maintains separate contracts with haulers for locally specified services; therefore, the scope of work and contract terms vary. For example, Evanston's listed rate reflects garbage collection only, as the city performs its recycling collection independently of the contracted service. Even under the assumption of the maximum CPI increase allowed under the agreement, Mount Prospect's projected single-family refuse and recycling rates remain lower than those of most SWANCC member communities throughout the full 10-year contract term. It is also important to note that Morton Grove's contract term concludes in 2027, which may result in rate restructuring or rebidding earlier than Mount Prospect's negotiated term and could lead to higher comparative costs in future years. Table 2 Comparison of Residential Rates with SWANCC Communities I Residential Refuse/Recycling Combined Rate I Community Hauler Contract Contract Increase 2027 Term (Years) Term (CPI) Morton Grove Groot 7 2020-2027 3% $11.90 Evanston Groot 5 2025-2030 4% $12.63 (refuse only; city collects recycling) Mount Republic 10 2017-2027 2.25% $12-95 Prospect - Current Mount Republic 10 2027-2037 2.5% - 3.5% $13.31 Prospect - Proposed Glenview Groot 15 2010-2026 1 % - 2.75% $13.58 (renegotiated after 10 years) Arlington Groot 8 2021-2028 1.5% - 3.5% $13.76 Heights Park Ridge Groot 10 2016-2026 1.5% - 3% $14.08 Hoffman Groot 6 2025-2031 3.5% $15.34 Estates Barrington Groot 7 2023-2030 1.5% - 4% $15.51 Glencoe LRS 3 2023-2026 5% $17.24 Elk Grove WM 8 2021-2029 1.88% $17.71 Palatine Groot 6 2020-2026 2% - 2.3% $18.43 Lincolnwood Groot 7 2024-2031 2.5% $18.86 Buffalo Grove WM 3 2024-2027 5% $19.64 Niles Groot 10 2022-2032 $2.5% $19.42 Wheeling WM 5 2024-2029 1.75% - 3% $19.47 Prospect Flood 7 2019-2026 3% - 5% $20.08 Heights Inverness Groot 5 2021-2026 1.5% - 3.5% $22.37 Wilmette LRS 7 2024-2031 2.5% - 6% $28.81 Kenilworth Flood 7 2021-2028 3.25% $34.76 For the purposes of analyzing the 2027 rates, this memo assumes a 2.75% rate increase, which falls within the projected CPI escalation range. This comparative data demonstrates that Mount Prospect is competitively positioned within the regional marketplace and benefits from contractual stability over a longer duration than many surrounding communities, including those operating under shorter contracts, single -stream service arrangements, or pending contract expirations that may require renegotiation under less favorable market conditions. The single-family residential refuse and recycling unit fee proposed by Republic Services is one of the lowest rates among the surveyed SWANCC communities. The average residential rate is approximately $18-90 per household. Republic's proposed rate of $13.41 is approximately 29% lower than the group average. The three most recently awarded contracts include Evanston (November 2025), Lincolnwood (September 2025), and Hoffman Estates (May 2025). The average rate among these communities is $15.61 per household. Republic's proposed rate is 14% lower than this mean. It is the opinion of staff that Republic Services' proposed residential rate for single-family refuse and recycling collection is advantageous for the Village. Multi -Family Refuse and Recycling Collection Like single-family residential rates, multifamily refuse fees vary among municipalities. Most communities do not include multifamily residential complexes in their refuse contracts. In addition, some communities have not committed this tonnage to SWANCC. Another key area of variation is pricing structure. Among SWANCC communities, only Mount Prospect, Wheeling, Evanston, Hoffman Estates, Barrington, and Wilmette structure pricing based on container volume and frequency of service. These rates are compared in Exhibit 2. On average, Republic Services' proposed rates are 38% lower than the mean for this group. Exhibit 3 (attached) compares existing multifamily rates with proposed new rates. Other communities that include multifamily complexes establish pricing on a per -household basis, similar to single-family residential pricing. To facilitate further analysis, Village costs were converted to a per -household rate. The data in Table 3 (below) was calculated by applying the comparison communities' rates to the number of multifamily households in Mount Prospect (8,865). This analysis reflects the estimated cost to service Mount Prospect's multifamily customers using the rates established in the identified municipalities. The average annual cost is $141.01 per multifamily household, while Republic Services' proposed cost is $90.31 per multifamily household, the lowest among the surveyed communities, and approximately 36% below the group mean. Table 3 Comparison of Costs to Service Mount Prospect Multi -Family Residential at Other Communities' Rates MOUNT PROSPECT (CURRENT) J$773,521 MOUNT PROSPECT (PROPOSED) $8005594 WHEELING $8621826 PARK RIDGE* $951,037 NILES* $1,096,777 PALATINE* $1)215)923 EVAN STO N $17242)518 BUFFALO GROVE* $17304)218 HOFFMAN ESTATES $1,543,778 BARRINGTON $17591)441 WILMETTE $17891)743 For the purpose of analyzing the 2027 rates, this memo assumes a 2.75 % rate increase, which falls within the projected CPI escalation range. *Communities bill multifamily properties per apartment unit. Commercial Refuse Collection/ Disposal and Recycling Seven of the twenty-three SWANCC communities have an exclusive commercial solid waste contract. Most businesses secure these services from the open market instead. No SWANCC communities commits commercial waste to the Glenview transfer station. Commercial refuse costs are determined by container size and frequency of service. A business's cost varies accordingly based on the size and number of refuse containers and how often they are serviced. Republic Services' proposed rates, along with those of other communities that have a commercial franchise, are provided in Exhibit 4. While this information is informative, the rates are difficult to evaluate without an appropriate frame of reference. For example, the impact of a low rate for servicing a six-yard container four times per week may be limited if that level of service is not commonly used by businesses in Mount Prospect. Table 4 below compares the rates of these contracts by applying them to the existing book of Mount Prospect solid waste customers. Republic Services' proposed rates rank among the lowest and are the fourth lowest among the comparison group. Exhibit 5 contains a detailed rate comparison. Table 4 Comparison of Costs to Serve Mount Prospect Commercial at Other Communities' Rates MUNICIPALITY MONTHLY ANNUAL NILES $118,051 $11416,618 WHEELING $1361981 $11643,780 WILMETTE $1447467 $1)733,614 MOUNT PROSPECT (PROPOSED) $1557313 $1,8635767 PROSPECT HEIGHTS $1563748 $13880,982 MOUNT PROSPECT (CURRENT) $1633206 $13958,479 BARRI N GTO N $166)238 $13994,860 HOFFMAN ESTATES J$171,559 $23058,709 For the purposes of analyzing the 2027 rates, this memo assumes a 2.75% rate increase, which falls within the projected CPI escalation range. Republic Services' proposed rates to service existing Mount Prospect commercial refuse inventory are the fourth lowest in the group surveyed. The average cost of this group is $149,908.73 per month; Republic Services rates are slightly above this mean but are lower than three of the seven communities. Temporary Roll -off Rates As part of the renegotiated agreement, commercial customers will see substantial cost reductions and more predictable pricing for temporary roll -off services. All container sizes (10- 40 CY) are now offered at a flat $200 per pull, reduced from prior rates ranging from $557.10 to $808.78, representing savings of approximately 64% to 75% per haul. The per -ton disposal rate was also reduced from $78.86 to $70.00, an additional 11% savings. The contract further includes a Right of First Refusal, requiring that if a commercial customer receives a written proposal from another provider for temporary roll -off services, the customer must first submit the proposal to Republic, who then has the opportunity to match the pricing and terms before the customer may procure services elsewhere (Exhibit 6). However, if Republic cannot honor the written competitive quote, the commercial customer is free to use any vendor he or she chooses. Comprehensive Residential and Commercial Solid Waste Contract Five (5) SWANCC communities award a comprehensive residential and commercial solid waste contract to a single hauler. Table 5 below compares the rates of these contracts by applying them to the existing book of Mount Prospect solid waste customers. Republic Services' proposed rates were used to calculate Mount Prospect costs. This analysis indicates that Republic Services' proposed rates are the lowest among communities with comprehensive solid waste contracts. Table 5 Comparison of Total Costs for Communities with Comprehensive Refuse and Recycling Contracts MUNICIPALITY SINGLE MULTI- COMMERCIAL TOTAL FAMILY FAMILY ANNUAL ANNUAL ANNUAL ANNUAL COST COST COST MOUNT $2Y1927535 $80OY594 $1)863)767 $4)856)896 PROSPECT (PROPOSED) WHEELING $3y 183)345 $862Y826 $1)643)780 $5)689)951 H O F F MAN ESTATES $2)5081090 $1,543,778 $2)058,709 $67110,577 BARRI N GTO N $2,5357885 $1)591)441 $1)994)860 $6)122,186 W I L M ETTE $4371 OY435 $1)891)743 $1)733)614 $8)335)792 For the purposes of analyzing the 2027 rates, this memo assumes a 2.75 % rate increase, which falls within the projected CPI escalation range. Household Hazardous Waste Collection The proposed program includes an option to establish a curbside Household Hazardous Waste (HHW) collection service. This option would allow all eligible households to safely dispose of household hazardous waste items on an on -call basis. Residents would contact Republic Services to schedule a collection appointment, during which additional information would be gathered to identify the materials to be disposed. Residents would then receive detailed preparation and placement instructions, along with a confirmed collection date. Republic Services proposes to offer this service for a monthly fee of $2.50, applied uniformly to all single-family households. Staff does NOT recommend including this option in the scope of work for the proposed new contract period because the rate would apply to all single-family households, resulting in a cost structure that far exceeds the experienced demand for household hazardous waste disposal. Instead, staff recommends continuing twice -yearly drop- off household hazardous waste events. Annual Escalator All SWANCC communities accommodate price increases by escalating refuse contracts using collars tied to the All Urban Consumer Price Index (CPI). The most common approach is to adjust rates annually based on the CPI, with a minimum floor of 2.5% and a maximum ceiling of 3.5%. For example, if the CPI is 2.0%, rates would increase by the minimum 2.5%. Conversely, if the CPI is 4.0%, the escalation would be capped at the 3.5% maximum. Over the past 10 years, the average inflation rate calculated using the monthly CPI has been 2.88%. Escalating contract prices at a fixed rate carries the risk that costs could exceed actual inflation trends. However, a fixed rate may also reduce year-to-year volatility and help keep program costs below long-term inflation averages. Alternatives N/A Staff Recommendation The proposed solid waste contract, extending through December 31, 2036, is both responsive and competitive. The proposed residential refuse and recycling rates are among the lowest when compared to 23 SWANCC communities, and the commercial rates are similarly competitive. Customer satisfaction with the Village's solid waste programs remains high, indicating that Republic Services is a competent and reliable firm capable of successfully honoring the proposed contract. Republic Services also operates its regional headquarters and transfer station within Mount Prospect, further demonstrating its commitment to the community. Christina Seibert, Executive Director of SWAN CC, has reviewed and supports Mount Prospects contract extension strategy and negotiation approach with Republic Services. Based on her evaluation of regional pricing, market conditions, and comparisons across SWANCC's 23 member communities, she confirmed that the Village's negotiated rates remain among the lowest available locally and are fair, reasonable, and cost-effective. She further noted that staff successfully secured favorable terms that position Mount Prospect at the low end of comparable household costs while maintaining high service quality (Exhibit 7). Staff recommends that the Village Board approve a new contract with Republic Services for an exclusive residential and commercial solid waste contract commencing in 2027 and concluding at the end of 2036. The annual escalator for the contract will be tied to the All Urban Consumer Price Index (CPI) with 2.5% and 3.5% collars. Staff does NOT recommend including the curbside household hazardous waste collection option in the awarded scope of work. Attachments 1. Exhibit 1 - Residential Collection Summary 2. Exhibit 2 - Multi -Family Refuse Collection Rates Compared to SWANCC Communities 3. Exhibit 3 - Multi -Family Refuse Collection Rates vs Proposed Rates 4. Exhibit 4 - Commercial Refuse Rate Comparisons 5. Exhibit 5 - Commercial Refuse Collection Rates vs Proposed Rates 6. Exhibit 6 - Temp Roll Off Rates 7. Exhibit 7 SWAN CC-M P Republic contract 02-10-2026 8. Village of Mount Prospect Solid Waste - Final 02-10-2026 Exhibit 1: Republic Services Proposal RESIDENTIAL COLLECTION SUMMARY 2027 -Rates calculated PART I -Single Family Service 2026 -Actual using a 2.75% increase 1. Single -Family Monthly fee, weekly unlimited refuse and brush collection, bulk items, and bagged leaves during $8.06 $8.29 extended leaf pickup (35, 65, or 95 gallon cart.) (Per Household/Month) 2. Single -Family Monthly fee, weekly unlimited recycling $4.89 $5.02 collection (35, 65, or 95 gallon cart.) (Per Household/Month) Total Residential Charge for weekly collection, less yard waste $12.95 $13.31 charges (Per Household/Month) 2027 -Rates calculated PART II -Special Services 2026 -Actual using a 2.75% increase 1. Household Hazardous Waste (billed to Village) - n/a $2.50 Per household/Month 2. White Goods Collection Fee (billed to resident) -Cost per $30.54 $31.38 item 3. Back Door Service Fee (billed to resident) -Monthly $36.65 $37.66 Household Rate 4. Excess Construction/Demolition Debris (billed to residents) - $25.00 $25.69 Per cubic yard 2027 -Rates calculated PART III -Yard Material Collection and Disposal 2026 -Actual using a 2.75% increase 1. Yard Material Collection/Disposal (Per Household/Month) $1.40 $1.44 2. Price for Optional Wheeled Cart Rental Fee (Monthly Fee) $4.35 $4.47 2027 -Rates calculated PART IV -Municipal Services 2026 -Actual using a 2.75% increase 1. Fall Leaf Disposal (up to 1,675 tons per year) No Charge No Charge 2. Rate per ton over 1,675 tons $57.46 $59.04 3. MSW Disposal Rate (Per Ton) at Mt. Prospect Transfer Station $59.50 $61.14 (from Public Works Trucks) 4. C&D Disposal Rate (Per Ton) at Mt. Prospect Transfer Station $74.30 $72.00 (from Public Works Trucks) 5. Temp Roll -Off Dumpsters (up to 150 free annually) No Charge No Charge a. Haul Rate (charged on boxes over 150 per year) $248.34 $255.17 b. Tonnage Rate (charged on all boxes) $57.46 $59.04 Exhibit 2: Multi -Family Refuse Collection Rates Compared to SWANCC Communities MULTI -FAMILY REFUSE 95 gal. cart Icy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal. cart Icy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal. cart Icy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal. cart Icy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal. cart Icy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy ix/week REPUBLIC (2026) Proposed (2027) WHEELING EVANSTON HOFFMANN ESTATES BARRINGTON WILMETTE Average Rate ( Wheeling/Evanston/Nile s/Hof. Estates/Barrington/Wilm ette) Comparison of Proposed Rate and Average Rate ($) Comparison of Proposed Rate and Average Rate (%) Comparison of Proposed Rate to Current Rate ($) Comparison of Proposed Rate to Current Rate N $ 16.77 $17.24 $27.15 $23.63 $36.55 $35.62 $31.95 $30.98 -$14.21 -46% $0.47 2.8% $ 17.82 $18.32 $26.14 $42.45 $61.95 $60.31 $43.36 $46.84 -$29.02 -62% $0.50 2.8% $ 26.74 $27.48 $36.64 $50.13 $73.18 $71.30 $57.05 $57.66 -$30.92 -54% $0.74 2.8% $ 35.66 $36.64 $55.38 $61.19 $88.38 $86.13 $63.90 $71.00 -$35.34 -50% $0.98 2.7% $ 53.61 $55.08 $1.47 2.7% $ 72.07 $74.05 $109.23 $104.27 $138.90 $135.31 $136.92 $124.93 -$52.86 -42% $1.98 2.7% $ 107.07 $110.02 $188.96 $168.68 $232.42 $226.40 $165.45 $196.38 -$89.31 -45% $2.95 2.8% $ 138.40 $142.20 $229.28 $205.34 $283.39 $276.08 $193.97 $237.61 -$99.21 -42% $3.80 2.7% $ 173.68 $178.46 $243.58 $337.75 $328.90 $303.41 -$129.73 -43% $4.78 2.8% 2x/week REPUBLIC (2026) Proposed (2027) WHEELING EVANSTON HOFFMANN ESTATES BARRINGTON WILMETTE Average Rate ( Wheeling/Evanston/Nile s/Hof. Estates/Barrington/Wilm ette) Comparison of Proposed Rate and Average Rate ($) Comparison of Proposed Rate and Average Rate (%) Comparison of Proposed Rate to Current Rate ($) Comparison of Proposed Rate to Current Rate N $ 33.61 $34.53 $51.50 $40.93 $73.13 $71.21 $68.46 $61.05 -$27.44 -45% $0.92 2.7% $ 35.66 $36.64 $50.80 $79.26 $108.37 $105.53 $89.00 $86.59 -$50.93 -59% $0.98 2.7% $ 53.50 $54.97 $69.49 $88.13 $126.92 $123.65 $107.25 $103.09 -$49.59 -48% $1.47 2.7% $ 71.26 $73.22 $104.65 $116.22 $151.96 $148.01 $125.51 $129.27 -$58.01 -45% $1.96 2.8% $ 107.19 $110.14 $2.95 2.8% $ 144.10 $148.06 $203.88 $189.50 $242.07 $235.79 $262.43 $226.73 -$82.63 -36% $3.96 2.7% $ 214.06 $219.94 $354.64 $306.60 $403.23 $392.78 $319.48 $355.35 -$141.29 -40% $5.88 2.7% $ 277.96 $285.61 $426.54 $382.791 $492.87 $480.12 $376.52 $431.77 -$153.81 -36%1 $7.65 2.8% $ 347.36 1 $356.91 $450.031 $590.11 $574.82 $538.32 -$190.96 -35%1 $9.55 2.7% 3x/week REPUBLIC (2026) Proposed (2027) WHEELING EVANSTON HOFFMANN ESTATES BARRINGTON WILMETTE Average Rate ( Wheeling/Evanston/Nile s/Hof. Estates/Barrington/Wilm ette) Comparison of Proposed Rate and Average Rate ($) Comparison of Proposed Rate and Average Rate (%) Comparison of Proposed Rate to Current Rate ($) Comparison of Proposed Rate to Current Rate N $ 50.36 $51.74 $76.16 $56.39 $82.09 $79.93 $109.53 $80.82 -$30.46 -38% $1.38 2.7% $ 53.50 $54.97 $75.42 $111.10 $154.74 $150.75 $131.21 $124.65 -$71.15 -57% $1.47 2.7% $ 80.22 $82.42 $87.18 $123.99 $200.82 $195.62 $157.46 $153.01 -$72.79 -48% $2.20 2.7% $ 106.94 $109.88 $153.97 $167.02 $218.19 $212.55 $188.27 $188.00 -$81.06 -43% $2.94 2.7% $ 160.81 $165.24 $4.43 2.8% $ 214.08 $219.97 $298.56 $274.71 $344.82 $335.90 $376.52 $326.10 -$112.02 -34% $5.89 2.8% $ 321.10 $329.93 $520.35 $441.19 $575.21 $560.29 $473.50 $514.11 -$193.01 -38%1 $8.83 2.7% $ 417.00 $428.46 $623.76 $552.83 $703.36 $685.15 $547.67 $622.56 -$205.56 -33%1 $11.46 2.7% $ 521.05 $535.38 $656.59 $842.40 $820.57 $773.19 -$252.14 -33%1 $14.33 2.8% 4x/week REPUBLIC (2026) Proposed (2027) WHEELING EVANSTON HOFFMANN ESTATES BARRINGTON WILMETTE Average Rate ( Wheeling/Evanston/Nile s/Hof. Estates/Barrington/Wilm ette) Comparison of Proposed Rate and Average Rate ($) Comparison of Proposed Rate and Average Rate (%) Comparison of Proposed Rate to Current Rate ($) Comparison of Proposed Rate to Current Rate N $ 67.15 $68.99 $100.80 $88.26 $0.00 $0.00 $146.05 $67.02 $0.13 0% $1.84 2.7% $ 71.26 $73.22 $100.10 $148.95 $0.00 $253.46 $182.56 $137.01 -$65.75 -48% $1.96 2.8% $ 106.94 $109.88 $135.23 $163.24 $297.02 $289.33 $211.09 $219.18 -$112.24 -51% $2.94 2.7% $ 142.64 $146.56 $203.26 $226.01 $354.28 $345.12 $255.58 $276.85 -$134.21 -48% $3.92 2.7% $ 214.45 $220.34 $5.89 2.7% $ 285.44 $293.29 $393.25 $359.73 $461.66 $449.71 $507.74 $434.42 -$148.98 -34% $7.85 2.8% $ 428.10 1 $439.871 $685.271 $584.761 $747.381 $728.001 $632.111 $675.50 -$247.40 -37% $11.77 2.7% $ 556.05 1 $571.341 $820.991 $729.241 $913.821 $890.171 $764.461 $823.73 -$267.68 -32% $15.29 2.7% $ 694.73 1 $713.831 1 $869.411 $1,094.701 $1,066.341 1 $1,010.15 -$315.42 -31% $19.10 2.7% 5x/week REPUBLIC (2026) Proposed (2027) WHEELING EVANSTON HOFFMANN ESTATES BARRINGTON WILMETTE Average Rate ( Wheeling/Evanston/Nile s/Hof. Estates/Barrington/Wilm ette) Comparison of Proposed Rate and Average Rate ($) Comparison of Proposed Rate and Average Rate (%) Comparison of Proposed Rate to Current Rate ($) Comparison of Proposed Rate to Current Rate N $ 83.96 $86.27 $125.45 $108.48 $182.56 $138.83 -$54.87 -40% $2.31 2.8% $ 89.16 $91.61 $124.75 $184.41 $228.20 $179.12 -$89.96 -50% $2.45 2.7% $ 133.69 $137.37 $168.10 $201.76 $366.43 $356.96 $273.84 $273.42 -$139.73 -51% $3.68 2.8% $ 178.28 $183.19 $252.59 $282.04 $436.94 $425.66 $330.89 $345.62 -$167.34 -48% $4.91 2.8% $ 268.08 $275.45 $7.37 2.7% $ 356.89 $366.70 $487.91 $435.47 $550.65 $536.38 $644.66 $531.01 -$174.12 -33% $9.81 2.7% $ 536.02 $550.76 $851.68 $711.06 $919.55 $895.75 $827.22 $841.05 -$305.03 -36% $14.74 2.7% $ 695.02 $714.13 $1,097.10 $899.711 $1,124.35 $1,095.231 $958.43 $1,034.96 -$339.94 -33% $19.11 2.7% $ 868.41 $892.29 $0.00 $1,063.061 $1,346.96 $1,312.081 $930.53 -$62.12 -7% $23.88 2.7% Exhibit 3: Multi -Family Refuse Collection Rates vs. Proposed Rates Exhibit 4: Commercial Refuse Rate Comparisons rOMMFR('IAI RFFI MP RATFC 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy 95 gal ca rt 1 Cy 1.5cy 2cy 3cy 4cy 6cy 8cy 10cy REPUBLIC (2026) Proposed (2027) HOFFMANN ESTATES PROSPECT HEIGHTS Average Rate (Wheeling/Niles/Hof. Estat6s/?Sarringtf#ln/Y�iliT,8tt8./P' rospect Heights) Comparison of Proposed Rate and Average Rate IIIW1914030 e and Average Rate Comparison of Proposed Rate ,� • 1I. , •��W-M� •1 1 ;1'•• Proposed HOFFMANN PROSPECT Average Rate - - • - . Estat6s/?Sarringtf#ln/Y�iliT,8tt8./P' Comparison •I?.=- Proposed Rate and IIIW1914031 and Average Comparison of • .. - • - • . • - • -REPUBLIC REPUBLIC (2026) Proposed (2027) HOFFMANN ESTATES PROSPECT HEIGHTS Average Rate - - • - . Estat6s/?Sarringtf#n/Y�iliTi8tt8./P' rospect Heights) Comparison •I?-=- Proposed Rate and Average Rate 111ON101*032 and Average Rate Comparison of ... - • - • • • - • - ' 1. 11 1 . 1 .1 • 1 �• `1 • REPUBLIC (2026) Proposed (2027) HOFFMANN ESTATES PROSPECT HEIGHTS (Wheeling/Niles/Hof. Estat6s/?Sarringtf#n/WiliTi8tt&/P' rospect Heights) Comparison of Proposed Rate and Average Rate —PW71#7.7s, and Average Rate Proposed Rate REPUBLIC (2026) Proposed (2027) HOFFMANN ESTATES PROSPECT HEIGHTS Average Rate (Wheeling/Niles/Hof. Estat6s/?Sarringtf#n/WiliTi8tt8./P' rospect Heights) Comparison of Proposed Rate and Average Rate 111ON191-Me —P7,#7.7t#=,e and Average Rate Comparison of Proposed Rate .'0 '1• ': : . :'� . . .. .. .' . 11 '. •. Exhibit 5: Commercial Refuse Collection Rates vs. Proposed Rates Percentage differences reflect both CPI -based adjustments and container class pricing realignments. Container Size CURRENT 1 x/week COMMERCIAL 2x/week 3x/week REFUSE COLLECTION 4x/week RATES 5x/week 6x/week Extra P/U 95 gallon cart $36.20 $54.17 $78.12 $100.88 $121.23 $145.18 $21.55 1 c $62.82 $101.88 $140.94 $178.77 $217.83 $255.67 $37.12 1.5 c $72.24 $132.06 $183.31 $225.41 $282.17 $323.64 $48.21 2 c $81.66 $162.22 $225.68 $272.04 $346.49 $391.62 $52.09 3 c $153.03 $243.33 $333.64 $423.94 $513.01 $603.31 $90.64 4 c $168.21 $264.59 $357.29 $452.44 $546.38 $641.52 $99.14 6 c $240.09 $373.05 $506.00 $637.74 $771.90 $901.20 $141.85 8 c $296.11 $457.08 $614.40 $775.39 $935.14 $19093.68 $173.58 10 c $375. 32 1 $581.44 1 $782.65 $988. 77 1 $11191.22 1 $1, 396.11 $221.28 Ill Container Size 1 x/week 2x/week r3x/wAteek 4x/week 5x/week 6x/week Extra P/U 95 gallon $37.19 $55.66 $80.26 $103.65 $124.56 $149.17 $22.14 cart 1 c $62.98 $104.68 $144.81 $183.69 $223.82 $262.70 $38.14 1.5 c $64.98 $135.69 $188.35 $231.61 $289.93 $332.54 $49.53 2 c $66.91 $131.44 $231.88 $279.52 $356.02 $402.39 $53.53 3 c $136.97 $250.02 $342.81 $435.59 $527.12 $619.90 $93.13 4 c $143.39 $274.83 $389.70 $484.96 $580.55 $675.48 $101.87 6 c $173.27 $334.57 $545.58 $675.48 $811.88 $941.88 $145.75 8 c $203.14 $469.65 $658.48 $821. 36 $980.90 $13143.12 $178.35 10 c $385. 64 $597.43 $804.18 $1, 015. 96 $11223.98 $15434. 51 $227.36 Container Size PERCENTAGE 1 x/week COMPARISON 2x/week 3x/week CURRENT VS 4x/week PROPOSED RATES 5x/week 6x/week Extra P/U 95 gallon ca rt 2.7% 2.7% 2.7% 2.7% 2.7% 2.8% 2.7% 1 Cy 0.3% 2.7% 2.7% 2.8% 2.7% 2.8% 2.8% 1.5 c -10.0% 2.8% 2.8% 2.8% 2.8% 2.7% 2.7% 2 C -18.1 % -19.0% 2.7% 2.7% 2.8% 2.7% 2.8% 3 c -10.570 2.7% 2.7% 2.7% 2.8% 2.8% 2.7% 4 c -14.8% 3.9% 9.1% 7.2% 6.3% 5.3% 2.8% 6 c -27.8% -10.3% 7.8% 5.9% 5.2% 4.5% 2.7% 8 C -31.4% 2.8% 7.2% 5.9% 4.9% 4.5% 2.7% 10 Cy 1 2.7% 1 2.8% 2.8% 1 2.7% 1 2.8% 1 2.8% 2.7% Exhibit 6: Temp Roll off Rates i8b.- ,�,,.......� solid Waste AgencyHof V Northern Cooly County 77 Hintz Road, Suite 200 1 Wheeling, IL 60090 ( 847.724.9205 1 swanmortg TO: Sean Dorsey / Kristina Jakupovic, Mount Prospect Public Works Department FROM: Christina Seibert, Executive Director RE: Residential Waste and Recycling Contract Extension DATE: February 10, 2026 Background Mount Prospect Public Works Department staff engaged me in discussions regarding their next residential waste and recycling contract term beginning in May 2025. The current contract does not expire until December 31, 2026; beginning discussions of contract options 18 months in advance ensured the Village would have sufficient time to secure the next contract and maintain service stability for its residents. Initial discussions with staff indicated the Village had an overall satisfaction with the quality of service provided by its current contractor, Republic Services, and that Republic has operated in compliance with contract terms throughout the current contract period which began January 1, 2017. SWANCC also maintains a database of contract pricing and terms across its member communities, which indicates that the Village's current contract rate is among the lowest across our 23 members and therefore advantageous to the Village. Considering market factors, there are currently five waste haulers providing collection services in SWANCC communities. Despite this, competitive procurements in the region often will see only 2 or 3 haulers responding. There have been very few instances of SWANCC communities competitively procuring hauling services in our region since 2021: • Wilmette (2023) —Wilmette received proposals from LRS and WM, with LRS selected as the new contractor over the incumbent, WM (WM had acquired the contract in their merger with Advanced Disposal) • Evanston (2025) —Evanston received proposals from Groot (the incumbent) and LRS, selecting LRS based on overall scoring • Park Ridge (2025) —Park Ridge received proposals from Groot (the incumbent), SBC Waste Solutions (selected low bidder), Flood Brothers, and LRS; they determined their current contract with Groot did not allow for additional extensions to be negotiated A number of communities have negotiated contract extensions during the same period, in lieu of procuring a potential new contractor. Reasons for negotiating extensions have included: • Satisfaction with the level and quality of service from the current hauler • Reasonableness of pricing of the extension proposal compared to peer communities �� Solid Waste Agency of Northern Cook County AM • Concern about the number of proposals likely to be received due to contraction in the number of haulers responding to RFPs Based on these considerations, I recommended that staff initiate contract extension discussions with Republic and determine if acceptable terms could be reached, in lieu of conducting a competitive procurement process. If agreeable terms could not be reached, ample time would be available to develop and issue a Request for Proposal and competitively procure a provider for the next contract term. Negotiations and Findings Through the negotiation process, I assisted staff in the review and response / counter-offer to Republic's offers. Republic's offer on first -year pricing was determined to be fair and reasonable based on comparison to current year pricing in Mount Prospect and in other SWANCC communities. Considering the communities nearest to Mount Prospect, contract rates range from $12.80 per household per month (without yard waste / organics collection included) to $18.3 5 per household per month; the rate offered by Republic continues to result in costs to Mount Prospect that are at the low end of the range locally. Discussion of escalation terms in future contract years resulted in multiple rounds of negotiation, with the final agreed escalation based on CPI (all items, Chicago MSA) with a minimum of 2.5% and maximum of 3.5%. This is reasonable when considering historical CPI trends and future projections: • Historical average annual CPI over the past 10 years was 2.83%, inclusive of higher inflation experienced in 2021 and 2022 that has been steadily decreasing in more recent years. • The most recent (January 1) Fed estimates for the forward -looking 10-year expected CPI inflation is an annual average of 2.32% Qi�,'„� „ .ogip ). That is a national number, and the Chicago MSA CPI has trended below the national average typically, arguing for a lower projection if they were offered at the MSA level. This increase is also in line with, or better than, escalation terms in other SWANCC communities. We have been seeing the minimum and maximum bounds on CPI increasing (Wilmette at 2.5-6%, Skokie at 34%, and Barrington going up to a 4% max), and more communities are agreeing to fixed annual increases not tied to CPI (Evanston at 4%, Hoffman Estates at 3.5%, Buffalo Grove at 5%). Based on our discussions and the correspondence between Village staff and Republic, I believe staff has negotiated favorable extension terms that will continue to provide the Village with cost-effective service for the next contract period. swa inc c.airg Page 2 of 2 RESIDENTIAL SOLID WASTE SERVICES CONTRACT SPECIFICATIONS ARTICLE I DEFINITIONS A. Back Door Service: Collection and disposal of refuse at residential units in accordance with the Village solid waste program when specifically requested, at the back door, or at a location outside and behind the front line of the residence. B. Building Materials: Articles commonly used in the construction, maintenance, and rehabilitation of all structures. 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. D. Containers: 1. 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 (10) year Contract, the carts distributed to 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 the 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 of 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 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 (10) year Contract, the carts distributed to 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 the Agreement. 5. The Village's designated receptacle designed for automated collection of yardwaste 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 the Village Manager. The color, style and design of the carts will be subject to the Village's approval. 6. A receptacle, one (1) cubic yard or larger, furnished by the Contractor for multifamily units where curbside service for 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. F. Contractor: Solid Waste Hauler. G. Curbside Service: In areas with conventional curbs, "curbside" shall refer to placement of solid waste behind the curb. In areas without 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 pavement). H. Director: The Director of Public Works, or his designated representative. I. 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 not exceed fifty- (50) pounds. Containers/bags for yard material shall comply with Article X, Paragraph 2 of 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 for processing or final disposal. K. Food Scraps: All food material including fruit, vegetables, bread, pasta, grains to be disposed of in a yard waste cart for composting. Meat, fish, and chicken are not considered food scraps and not included in the food scrap composting program. L. 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 2 Contract, the term "Hazardous Waste" shall also include motor oil, gasoline, and oil -based paint. M. Non-SWANCC Waste: Yard Material discarded by single family dwellings, multifamily dwelling units or yard material generated by municipal, commercial or industrial operations; food scraps discarded for composting by single family residential dwellings, multifamily dwelling units; residential white goods, residential and municipal recyclable materials and any other materials designated by the Village for collection, provided that such materials are not SWANCC Waste. Private service waste as defined under N. The Village reserves the right to amend the definitions of non-SWANCC Waste during the terms of the Solid Waste Contract. N. Prepaid Sticker: A label, attached to refuse, construction, demolition/remodeling debris, and/or -yard materials which serves to identify that the fee associated with the collection and disposal of said items have been prepaid. The sticker shall be capable of being securely adhered to approved bags, containers or bundled limbs. O. 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 demolition 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. P. Processing Center: Location to be maintained by the Contractor for the purpose of sorting and preparing recyclable materials (as defined herein) for sale. Q. Project Use Agreement: Under the terms of the Project Use Agreement the Village has committed all SWANCC waste to the Glenview Transfer Station effective August 1, 1994 through December 31, 2031 or such extended term as may be agreed to by the Village and SWANCC after the execution of this collection contract. In the event that the Village's commitment to deliver SWANCC waste to the Glenview Transfer Station or such other facility specified by a Project Use Agreement with SWANCC is terminated prior to the end of this collection contract term, SWANCC waste shall be directed to a facility mutually agreed to by the Village and the Contractor at a rate negotiated by the parties prior to the end of the SWANCC waste commitment. In the event mutually agreeable terms and conditions cannot be negotiated, either party shall have the right to terminate the collection contract. The Village or the Contractor may elect to terminate the Agreement effective December 31, 2031. R. 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. S. Recyclable Materials: Recyclable Materials will only include materials SWANCC accepts for processing as Recyclable Materials. Currently that includesaluminum 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, MCDBS; and other items the Village and Contractor agree to recycle in the future. T. 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 disposable containers not weighing over fifty (50) pounds per container. Yard materials and recyclable materials are not refuse'. U. Residential Service: Collection and disposal of refuse, yard materials, and recyclable materials from residential units (single family and multifamily). V. Residential Units: Single family and multifamily dwellings. W. SWANCC Waste: Residential refuse and general household waste, bulk items, Village 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 and/or in conjunction with municipal services within the corporate boundaries of the Village. The Village reserves the right to amend the definitions of SWANCC Waste during the terms of the Solid Waste Contract. X. Solid Waste: Refuse, recyclables and yard material. Y. 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. Z. Title 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 designated by the Village. The Contractor shall also transfer, as agent for the Village, 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 Village until such waste is accepted for delivery at the designated site. All Non-SWANCC Waste collected in accordance with the terms of the Contract shall, become the property of the Contractor as soon 4 as it is picked up or otherwise placed in the Contractor's vehicle. Title to and liability for any Unacceptable Waste shall at no time pass to the Contractor and shall remain with the generator of the waste. AA. Unacceptable Waste: Hazardous waste, non -hazardous special waste, friable asbestos waste, potentially infectious medical waste, lead acid -batteries, industrial/commercial waste, waste generated by hospitals, nursing and retirement homes. The Village reserves the right to amend the definitions of Unacceptable Waste upon award and at any time during the term of the Solid Waste Contract, in accordance with applicable legal standards. BB. Village: Village of Mount Prospect, Cook County, Illinois. CC. Village Manager: The Manager of the Village of Mount Prospect, or his designated representative. DD. White Goods: All discarded refrigerators, ranges, water heaters, washers, dryers, freezers, air conditioners, humidifiers, dehumidifiers and other similar domestic and commercial large appliances. EE. 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, two (2) feet in diameter, and weighing not more than fifty (50) pounds and manageable by one (1) person. ARTICLE II SERVICE REQUIRED 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 within the corporate limits of the Village (single-family and multifamily). Temporary roll -off services for residential customers are not included as part of the Agreement. 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 the Contractor's facilities and the work included in this Contract. By law, the Village is exempt from paying Federal Excise Tax, State and. 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 0 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. Right of Refusal: If any material designated as Unacceptable Waste is discovered prior to collection by the Contractor, the Contractor may refuse to collect the entire pickup containing such material. ARTICLE III SOLID WASTE AGENCY OF NORTHERN COOK COUNTY (SWANCC� The Village is a member of the Solid Waste Agency of Northern Cook County (SWANCC). As a member of SWANCC the Village has entered into a Project Use Agreement with SWANCC. Pursuant to the terms of the Agreement, and as a condition of this Solid Waste Contract, and on behalf of the Village, the Contractor must collect 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 the Village and Contractor. Such SWANCC waste shall NOT be commingled with any other waste. The Contractor must covenant and agree that it has read, understood and agrees to be bound by SWANCC Rules and Regulations relating to GTS and all fines assessed to the Contractor pursuant to the Rules and Regulations are the sole responsibility of the Contractor. Copies of the Rules and Regulations may be obtained from the Agency at their office located at 77 W. Hintz Rd., Suite 200, Wheeling, Illinois 60090, (847) 724- 9205. 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 annual tonnage 24,000. This figure may be adjusted annually. ARTICLE IV CONTRACTOR QUALIFICATIONS A. The Contractor shall have a minimum of five (5) years prior experience in rendering exclusive residential solid waste collection and disposal service, pursuant to a contract in a municipality with a minimum population of 30,000 requiring once -a - week service. B. The Contractor shall have available, for use throughout the Contract term, a state permitted sanitary landfill site or incinerator, compost facility, processing center, or transfer site suitable for the disposal and/or processing of all solid waste collected under the terms of this Contract. C. The Contractor shall have the necessary financial ability to satisfy the requirements placed upon him under the terms of this Contract. ARTICLE V GENERAL PROVISIONS no The following provisions shall apply to all three (3) components of the solid waste collection, transportation and disposal service; refuse, yard material and recyclables: A. Pickup Service, Schedule, and Starting Time: 1. The Contractor shall furnish complete equipment, labor, materials and supplies, and perform all the work necessary to complete this Contract, except as otherwise specified herein. 2. 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 disposal firm licensed by the Village of Mount Prospect to provide residential service for single family and multifamily residences. 3. Residential waste from single family units and multifamily units shall be collected and transported separately a minimum of two weeks per year; the Village will determine the two weeks. During this period vehicles registered with SWANCC for use at the GTS shall be identified for either single or multifamily; separate tonnage reports shall be generated 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. During the first full week of June and the first full week of September the Contractor shall count brush bundles and containerized yard material. 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 not commence earlier than 6:30 A.M. on any pickup day. 5. All SWANCC Waste shall be collected and disposed of at the GTS no later than 4:00 P.M., Monday 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 agrees to provide notice of any annexation to Contractor within fourteen (14) business days. The Village may consider an alternate schedule if the 7 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 falling 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. Any changes in refuse, recycling and yard material collection and disposal policies or practices by the Contractor must be submitted in writing and be approved by the Village Manager, thirty (30) days prior to the proposed change. B. Equipment 1. The Contractor shall provide an adequate number of vehicles for collection services. All vehicles shall be registered with the Solid Waste Agency of Northern Cook County (SWANCC) and comply with the Rules and Regulations for use of the SWANCC transfer station. All vehicles shall be 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 number, and the website 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, etc. In the event any vehicle is not properly operable, the Contractor shall immediately provide a substitute complying with the terms outlined herein. A listing of vehicles to be utilized in carrying out this Contract shall be provided to 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 problems. 2. The Contractor must demonstrate that collection equipment for recyclables is suitable for the materials to be recycled, as required in this Contract. 3. The Village reserves the right to inspect said vehicles any business day throughout the terms of this Contract to ensure that the vehicles are maintained in satisfactory condition and otherwise maintained pursuant to the terms and manner herein prescribed. C. Care and Performance �� 1. All solid waste hauled by the Contractor shall be contained, tied, or enclosed so that leaking, spilling, or blowing of litter or fluids is prevented. In the event of any spillage (by the Contractor) on the parkway, street, 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 up same, and the Village Manager may 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 be readily contacted to receive service requests or complaints. The Contractor shall be equipped with sufficient toll -free telephone lines and knowledgeable staff at the disposal of Village residents. The Contractor shall have a responsible person in charge, and shall be open between 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 individual 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 official 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. Incase 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 incidents including, but not limited to breakage of glass during collection of recyclables, and/or yard material dropped during collection, and the like that are not cleaned up by the collection crew, the Contractor shall promptly arrange for cleanup within 24 hours after a complaint or notification is received. 01 Under special conditions the Village may find it necessary to have an accumulation of refuse removed from a parkway. The Contractor will remove said refuse the next business day after notification by the Village. 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. 8. In the event the Contractor is unable to render scheduled residential service to any customer due to the inaccessibility of the customer's solid waste, the Contractor will maintain a record of the address and time of the missed pickup. A separate list of addresses with solid waste not collected due to inaccessibility shall be submitted to the Public Works Department no later than 10:00 AM the following scheduled collection. 9. In the event a street is closed due to construction work, the Contractor agrees to collect 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 of maintaining the best possible service under the provisions of the Contract, the Contractor shall hold monthly meetings with his employees in order to discuss and correct service deficiencies reported by residents or the Village Manager. The Village Manager and Contractor will mutually agree to the time and place of each of these meetings and may assign staff to attend such meetings. 11. The Contractor shall be responsible for any yard damage arising out of Contractor's negligence in performing his/her obligations, and shall make such restoration as quickly 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. Legal title to SWANCC waste shall remain with the Village until such waste is accepted for delivery at the designated site. 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 Contractor's vehicle. Title to and liability for 10 any Unacceptable Waste shall at no time pass to the Contractor and shall remain with the generator of the waste. 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 of and deposit 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, compost site or approved transfer site used or owned by the Contractor at the same rate as the Contractor. E. Reports/Records 1. 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. 2. The Village Manager shall have the right to require the Contractor to 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 11 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. F. Public Awareness: Prior to January 1, 2027, January 1, 2028, January 1, 2029, January 1, 2030, January 1, 2031, January 1, 2032, January 1, 2033, January 1, 2034, January 1, 2035, January 1, 2036, or any time there is a significant change in residential solid waste services, the Contractor shall be responsible for costs to prepare and distribute informational brochures to all residential units informing residents about rate increases (if appropriate), collection schedules, and collection dates, items collected and how to prepare them, holiday collections, and other information of benefit to residents about the solid waste collection program. The Village shall approve the brochures before they are distributed. G. Failure to Perform 1. 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 Contractor's 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. 2. 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. 12 I 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 not 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 and the Contractor. 4. The Contractor shall furnish the Village Manager, or his authorized representatives, with every reasonable opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of 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 Contractor's 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. H. Assignment and Merger: 1. 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.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. I. Direct Billing 1. As an option, the Village may require the Contractor to bill the customers, (single/multifamily property owner or designated agent) direct for a portion of the 13 solid waste collection program. Should the Village decide to have the Contractor bill residents directly for services under this agreement, the Village and the Contractor will negotiate in good faith any additional fees and payment terms. ARTICLE VI REFUSE COLLECTION AND DISPOSAL All SWANCC refuse is to be transported and deposited at the Glenview Transfer Station (GTS) or other designated SWANCC facility. A. Basic Service/ Unlimited Automated Cart Collection 1. The Contractor shall furnish a regularly scheduled, once weekly, refuse collection service for each single family unit in the Village.(The Contractor 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 or leased facilities, including furnishing of adequately approved containers for all Village buildings and operations. Should additional containers or pickups be required by the Village such containers and pickups of refuse from those containers shall be provided by the Contractor during the term of this Contract. Also, from time to time refuse containers or roll - off containers shall be provided by the 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 to every residential unit with curbside 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. 14 4. Container Specifications: 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. 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 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 Contract. 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 cart will be required to use an additional cart. The Contractor will report habitual residents to the Village at which time the Village will make the determination as to whether an additional cart is necessary. The Contractor will provide and deliver the cart to the resident at no additional charge. 15 7. Damaged 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. 8. 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 his/her regular pickup day for collection. Specific items under these larger categories are determined at the sole discretion of the Village and therefore, may be revised. Bulk pickup service includes the following, but not limited to the following: Carpet/linoleum (rolled) (6' lengths) Mattresses/box springs Bicycles Barbecue Grills Lawn Care Equipment Microwave Ovens Furniture Plumbing Fixtures Large Toys Swing Sets (5' lengths) Snow Blowers 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. 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 these containers by the Contractor: Winter, IrishFest, Memorial Day and July 4th Parades, Downtown Block Party and Oktoberfest. There shall be no charge for this service. we 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 waived by the Village Manager in such cases, and the Contractor may have to supply additional equipment to handle the amount of refuse. 13. Containers - Refuse a. Specifications 1) 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. b. Cleaning and Replacement of Extra Capacity Containers 1) Containers one (1) cubic yard or larger in capacity used for providing service to multifamily dwellings shall be cleaned by the Contractor either clean one (1) time annually or exchanged annually. Cleaning shall occur each year between June 1 and August 15. Said cleaning shall be at the Contractor's expense and be performed at the Contractor's location, not at the premises of the resident. 17 Any cleaning required more frequently than once annually, as deemed necessary by the Village, shall be at the expense of the customer served and billed directly to the customer by the Contractor. Exchanges shall occur at least once annually, if the containers are not being cleaned, 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 rates, based on time and material studies and reviewed periodically as requested by the Village. C. Container Repair or Replacement 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. d. Number of Containers Allowed 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) C. Compensation - Basic Service Unlimited Automated Cart Collection 1. The Village shall pay the Contractor for providing the once -a -week unlimited curbside service herein above described, calculated at a fee per month for each and every occupied single family dwelling unit located in single family buildings. This fee shall be all inclusive of any and all charges, taxes, and fees for collection and transportation of refuse to the designated SWANCC facility. Said cost does not include any tipping fees. 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 18 transportation to the designated SWANCC site; no tipping or recycling fees are to be included. 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 property by the Contractor.) The Village is responsible for billing all multifamily properties unless the Contract's Direct Billing option is implemented. If the Direct Billing option is implemented the Contractor will be responsible for billing all multifamily properties. D. Special Services 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 receiving 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 Contractor's 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. Payment Terms. The Contractor shall submit invoices to the Village on a monthly basis for residential and municipal services rendered pursuant to this Agreement. Payment shall be made by the Village in accordance with the applicable requirements of M the Local Government Prompt Payment Act (50 ILCS 505) for local governments and the State Prompt Payment Act (30 ILCS 540) for state agencies. F. Adjustment of Base Compensation Upon 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: Should the Village decide to have the Contractor bill residents directly for services under this agreement, the Village and the Contractor will negotiate in good faith any additional fees and payment terms. H. Annual Escalator - All rates contained herein are subject to increase on Jan 1st of each year. Increases will be based on the Consumer Price Index, Chicago - Naperville -Elgin area for the preceding October or the next preceding month's Consumer Price Index if the October Consumer Price Index is not released, minimum 2.5% and maximum 3.5%. ARTICLE VII YARD MATERIAL COLLECTION AND DISPOSAL A. Basic Service 1. All properties receiving curbside solid waste collection will be provided unlimited yardwaste collection. Yard materials shall be collected from the curb on a weekly basis, same day as refuse collection, from April 1 St through December 15t" each year. 2. Containers for the yardwaste program will be provided by the resident and 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. Contractor will not be responsible for replacing any containers owned by residents. 3. The Contractor shall make 35, 65, and 95 gallon wheeled carts available on a rental basis for subscribers as outlined in the Fee Schedule (Exhibit 3). 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 Village. 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. The Contractor shall not be required to collect bags, carts nor containers that exceed the weight limit, contain items other than yard material, food scraps, or are unacceptable at the compost site used by the Contractor. 20 7. The Contractor shall collect all bundles of brush or limbs providing the bundles do not exceed a weight of fifty (50) pounds per bundle, are no more than five (5) feet long, are no more than twenty-four (24) inches in diameter, do not contain limbs greater than four inches (4") in diameter, and are tied with a biodegradable material. a. The cost for this service shall be included in the basic, monthly, single family fee. There will be no limit as to how many bundles a resident can place at the curb as long as they are all prepared properly. Collection is restricted to the period April 1st through December 15th each year. 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 shall become the property of the Contractor as soon as it is picked up or 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 (1) time. 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. 21 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 will be responsible for transporting leaves to the Contractor's local Transfer Station for final disposal and composting. As an alternative, the Village will have the option of transporting leaves to the SWANCC Transfer Station when the proximity of their daily leaf collection operations make it more convenient to utilize this site. The Contractor will reimburse the Village for leaves disposed of at the SWANCC Transfer Station during this period, at a rate not to exceed 1 % the Contractor's per ton leaf disposal rate in Exhibit 3. The Contractor will provide the Village with free disposal (or reimbursement) of up to 1,675 tons of leaves annually. The Village will be billed by the Contractor for any additional leaf tons at the rate listed in Exhibit 3. 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 1 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. 22 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 in the single family refuse collection fee; basic service. ARTICLE VIII RECYCLABLE MATERIALS COLLECTION A. Basic Service - Single Family 1. 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 Specifications: 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 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 from any or all Contractors. 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 Contract. 23 3. 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. 4. Collection: All recyclables herein defined that is designated for collection 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 be segregated within the cart. However, should the resident use paper bags or boxes for segregation, the Contractor shall remove said bags and/or boxes and leave only the recycling cart. b. Recyclable Materials collected will be as defined herein. collected shall include, but not be limited to aluminum cans and formed aluminum food containers; tin/steel/bimetal cans, including aerosol cans; clear and colored glass bottles/containers; all HDPE and PETE plastic containers, plastic containers #'s 1, 2, 3, 51 6 and 7; milk cartons and drink 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. 7. Carts to be used for the pickup of recyclable materials shall be made available through the Contractor exclusively. 8. Legal title to Recyclable Materials shall remain with the Village until such Recyclable Materials are accepted for delivery at aVillage-approved facility. The terms and conditions of this provision shall automatically renew every two (2) years unless the Village and the Contractor agree in writing to revised terms and conditions at least one hundred sixty (160) calendar days prior to the expiration of the then -current two (2)-year term. 24 11. There shall be no limit to the number of recycling carts that the resident 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 recyclable 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 Public Safety Building Public Works Facility Public Library Northwest Suburban Special Ed. Youth Services of Elk Grove Township Fire Station #11 Fire Station #12 Fire Station #13 Fire Station #14 Mount Prospect Park District Administrative Offices Garage Rec Plex 50 S. Emerson Street 911 E Kensington Road 1700 W. Central Road 10 S. Emerson Street 799 W. Kensington Road 401 W. Golf Road 111 E Rand Road 1601 W. Golf Road 1415 E. Algonquin Road 2000 E. Kensington Road 1000 W Central Rd 411 S Maple 420 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 25 fee is all inclusive of any and all charges, taxes, and fees for the collection, transportation, processing and sale of all recyclable items. 17. The 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 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 (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 redirection, and the term of the redirection shall be at least 12 months. The Village has the exclusive right to terminate this redirection after 12 months and revert back to the Contractor having the right to deliver commingled recyclable material to the facility of its choice. The Village shall provide notice to the Contractor 60 days prior to the termination date of the redirection. If this option is terminated, any additional compensation paid to the Contractor other than the compensation due under Article XI, A, Paragraph 16 will cease. B. Basic Service Multifamily 1. 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 multifamily program. 4. Recycling carts containing plastic bags shall be accepted by the Contractor. The Contractor will be responsible for notifying the resident regarding contamination and must provide at least three documented warnings, including photos and Village -approved notices, before any materials may be left behind. 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 monthly 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. 7. The 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. 8. Recyclable Redirection Option: The Village may, at its sole discretion, 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 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, 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, B, Paragraph 6. 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 redirection, and the term of the redirection shall be at least 12 months. The Village has the exclusive right to terminate this redirection after 12 months and revert back to the Contractor having the right to deliver commingled recyclable material to the facility of its choice. The Village shall provide notice to the Contractor 60 days prior to the termination date of the redirection. If this option is terminated, any additional compensation paid to the Contractor other than the compensation due under Article XI, B, Paragraph 6 will cease. 27 COMMERCIAL SOLID WASTE SERVICES CONTRACT SPECIFICATIONS ARTICLE I DEFINITIONS Section 1.1. Definitions "Breach" means one of the items described in Sections 9.1 or 11.2. "Commercial Service" means the service provided by the Contractor, on behalf of the Village of Mount Prospect, pursuant to Section 3.1. "Commercial Solid Waste Contract" means agreement by and between the Village of Mount Prospect and the Contractor, as amended from time to time. "Contractor" means and assigns. an [Illinois] corporation, and its successors "Event of Default" has the meaning specified in Sections 9.3 and 9.4. "Non-SWANCC Waste" means commercial refuse. Recyclable Materials (as described in Article Vi l l), and any other materials designated by the Municipality for collection, provided that such materials are not SWANCC Waste. "Project Use Agreement" means the Project Use Agreement, dated March 25, 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 (pie pans and pastry trays), plastics (coded plastics numbered 1,2,3,5,E and 7) and plastic rings from soda and beer packs and (c) any other items mutually agreed upon by the Village of Mount Prospect and the Contractor. "State" means the State of Illinois. "SWANCC" means the Solid Waste Agency of Northern Cook County. "SWANCC Waste" shall have the meaning ascribed to it in the Village of Mount Prospect Ordinance No.4409. 6 -1 "Village" means the Village of Mount Prospect, IL. ARTICLE II 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 2.3. Revenue Collection. The Contractor shall, on behalf of the Village of Mount Prospect, provide revenue collection services in accordance with Article VI for all Commercial Services provided under this Commercial Solid Waste Contract. Section 2.4. Excluded Services. Waste collection, transportation and disposal from all single family and multifamily residential within the Village of Mount Prospect are not included within the Commercial Solid Waste Contract. 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. Section 2.6. Right of First Refusal for Temporary Roll -offs. In the event a Commercial or Industrial Customer receives a written proposal from another service provider specifically for temporary roll -off services, such Customer shall submit the proposal to the Contractor for review. Upon receipt, the Contractor shall have the right of first refusal to match or accept the pricing and terms of the proposal. If the Contractor elects not to exercise its right of first refusal, the Commercial or Industrial Customer may procure temporary roll -off services from a service provider of its choosing. ARTICLE III WASTE COLLECTION AND DISPOSAL Section 3.1. Commercial Service. (a) Non-SWANCC Waste. Materials to be collected by the Contractor in accordance with the schedule provided in Section 4.3 and transported to a state permitted sanitary landfill, transfer station, incinerator or processing facility mutually agreed upon by the Village of Mount Prospect and the Contractor, (Exhibit A) and disposed or sold shall include the following: (i) Commercial refuse. (ii) Recyclable Materials as provided in Article Vi l 1. Section 3.2. Private Service. In addition to the Commercial Services provided by the Contractor on behalf of the Village of Mount Prospect under Section 4.1, the Contractor shall also make available to the commercial entities of the Village of Mount Prospect Private Service for all types of solid waste not otherwise covered by this Solid Waste Contract including, but not limited to, earth, sod, rocks, concrete, rubble and waste from remodeling, construction and demolition 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. For services provided pursuant to this Section, the Contractor agrees to keep available tractor loaders, trailers and other necessary equipment. Upon the request of a customer, the Contractor shall furnish an estimate for the cost of removal of any materials named in the immediately preceding paragraph. Section 3.3. Schedule and Location of Collection. Commercial Service Waste shall be collected in compliance with provisions of Village of Mount Prospect Ordinance 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 p.m.; Collection of waste from commercial entities adjacent to residential properties shall not commence prior to 6:30 a.m. Section 3.4. Disposal of Waste. (a) Commercial (Non-SWANCC) Waste. The Contractor shall transport 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' regulations. 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 disposal/storage of solid waste collected in the Village of Mount Prospect; refuse, 30 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. transported for sale (with an intermediate approved by the Village of Mount Prospect. Recyclable Materials collected shall be diversion for processing permitted) to sites 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 Reporting format shall be approved in advance by the Village of Mount Prospect. ARTICLE IV COMPENSATION Section 4.1. Commercial Service. (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 Contractor's Price Sheet, attached as Exhibit 5. Section 4.2 Annual Escalator - All rates contained herein are subject to increase on Jan 1st of each year. Increases will be based on the Consumer Price Index, Chicago - Naperville -Elgin area for the preceding October, minimum 2..5% and maximum 3.5%. Section 4.3 Annual Franchise Fee: The contractor shall remit to the Village an annual franchise fee in the amount listed in Exhibit 5. The fee is not subject to annual increase under Section 4.2. ARTICLE V REVENUE COLLECTION Section 5.1. Billing of Accounts. Commercial Services provided under Section 3.1 are provided by the Contractor on behalf of the Village. The Contractor shall perform on a monthly basis, or an alternate schedule approved by the Village, on behalf of the Village of Mount Prospect, the billing and collection of all rates and charges imposed on commercial entities by the Village of Mount Prospect relating to such Commercial Services. The rates charged by the Contractor will be established in this contract 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 31 agrees to cooperate with respect to information, if any, relating to vacancies or any other information that will assist the Contractor in the execution of the Solid Waste Contract. Section 5.2. Commercial Service. The Contractor shall, on a monthly basis, or on 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 month. The bill shall be payable by the commercial entity within thirty (30) calendar days. Payments not made on or before their due date may be subject to late fees, at minimum, of one and one-half percent (1.5%) per month (or the maximum allowed by law, if less). If the Commercial entity withholds payment of a portion or entire invoice and it is later determined that a portion or all of such withheld amount is owed to the Contractor, such amount shall be subject to the late fees provided herein from the original due date until paid. If any amount due to the Contractor from a commercial entity remains unpaid sixty (60) days after the invoice date, the Contractor may suspend service to that customer. No commercial service shall be suspended for non-payment without prior written notice to the Village of Mount Prospect. 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 to the Contractor for the collection, transportation and disposal of Private Service waste. The Contractor shall retain all amounts collected from commercial entity pursuant to this Section 5.3. Alternatively, the Contractor may bill commercial entities separately for Private Service. ARTICLE VI TITLE TO WASTE Section 6.1. Title to Solid Waste. The Contractor shall retain title to all Non- SWANCC waste. Title to and liability for any Unacceptable Waste shall at no time pass to the Contractor and shall remain with the generator of the waste. ARTICLE VII RECYCLABLE MATERIALS Section 7.1. Recyclable Materials Collection Service. (a) Commercial Recycling Service. Materials to be collected by the Contractor in accordance with the schedule referenced in Section 3.3 and transported to the facility or facilities mutually agreed upon by the Village of Mount Prospect and the Contractor shall include all Recyclable Materials as defined in Section 1.1. Said recyclables shall be collected via a wheeled cart or dumpster as outlined in Exhibit B. 32 (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 Materials collected./ (d) The Village of Mount Prospect shall have the right to add materials to the list of Recyclable Materials stated in Article I, pending the availability of markets for materials to be added. (e) The Contractor, as agent for the Village of Mount Prospect, 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 incinerated, unless advance authorization to do so is given by the corporate 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 may, in its discretion, agree to remove from the list of Recyclable Materials any economically infeasible item upon such market change. (g) The Contractor shall be required to implement a sticker system for Recyclable Materials that are not collected. The sticker should identify why the 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 continue this process and retain all revenues. ARTICLE VIII BREACH; EVENTS OF DEFAULT AND REMEDIES Section 8.1. Breach by Contractor. (a) Each of the following shall constitute a Breach on the part of the Contractor: (i) failure of the Contractor to pay, within thirty (30) days after notice from the Village of Mount Prospect of such nonpayment, amounts which are undisputed or which are due to the Village of Mount Prospect under this Solid Waste Contract; 33 (ii) failure of the Contractor to perform timely any obligation under this Commercial Solid Waste Contract not included within subparagraph (i) above, except that such failure shall constitute a Breach only if such failure remains uncured for seven (7) days after notice to the Contractor from the Village of Mount Prospect of such failure; provided however, that this seven (7) day notice with opportunity to cure shall not be required in the event of persistent and repeated failure to perform; or 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 dispute of the Contractor's labor force unless the missed collection is not rectified within seven (7) calendar days.; or (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 of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, (A) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted by the Contractor under the laws of any jurisdiction, (B) a bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding being instituted against the Contractor under the laws of any jurisdiction, which proceeding has not been dismissed within one hundred twenty (120) days, (C) any action or answer by the Contractor approving of, consenting to or acquiescing in any such proceeding, or (D) the levy of any distress, execution or attachment upon the property of the Contractor which shall (or which reasonably might be expected to) substantially interfere with its performance under Solid the Waste Contract. Section 8.2. Breach by the Village of Mount Prospect. a. Each of the following shall constitute a Breach on the part of the Village of Mount Prospect: i. failure of the Village of Mount Prospect to pay, within thirty (30)days after notice from the Contractor of such nonpayment, amounts which are undisputed or which are determined to be due to the Contractor under the Solid Waste Contract; (ii.) 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, (iii) a 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 34 Prospect which shall (or which reasonably might be expected to) substantially interfere with the Village of Mount Prospect performance hereunder. Section 8.3. Events of Default and Remedies of the Village of Mount Prospect. (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 Default and may then terminate the Solid Waste Contract immediately, upon notice to the Contractor and, subject to the provisions of sub -paragraph (v) below, upon such termination the Contractor shall cease providing services under this Solid Waste Contract; (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; (iii) the Village of Mount Prospect may (A) call upon the sureties to perform their obligations under the [performance bond or letter of credit] or (B) in the alternative, after releasing the sureties from their obligations under the [performance bond or letter of credit], take over and perform the required services by its own devices, or may enter into a new contract for the required services, or any portion thereof, 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 35 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. (b) This Section 8.3 shall survive the termination of the Solid Waste Contract. Section 8.4. Events of Default and Remedies of Contractor. (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 Contractor's 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. (b) This Section 8.4 shall survive termination of the Solid Waste Contract. ARTICLE IX MISCELLANEOUS 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, whose consent will not be unreasonably withheld. 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 9.2. Provision for Telephone Calls. The Contractor shall maintain an office and a telephone number, for the receipt of service, billing and complaint calls, and shall be available for such calls on all working days from 8:00 a.m. to 5:00 p.m. Any complaints must be given prompt and courteous attention, and in case of missed scheduled collections, the Contractor shall investigate; and if verified, shall arrange for collection of such waste within 24 hours after the complaint is received. Section 9.3. Equipment to be Used by Contractor. The Contractor agrees to collect all materials described in Section 4.1 in fully enclosed, leak -proof, modern trucks. For the 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. W 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. Any cleaning required more frequently than once annually, as deemed necessary by the Village, shall be at the expense of the customer served and billed directly to the customer by the Contractor. The Contractor shall provide any such additional exchange of containers approved by the Village at the rate outlined in Exhibit 5. 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. Equipment used for Private Service described in Section 3.3 may be open -body trucks, dump trucks and similar type equipment. When open -body trucks are used, the Contractor shall take such action as is necessary to prevent littering. 37 GENERAL CONDITIONS A. Award of Contract; Performance; Payment 1. 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 a 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 Wage Act, 820 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.i1.us/agency/idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Department's 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. All bonds provided by the Contractor under the terms of this Contract shall 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 electronic 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 day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and W address of each fringe benefit 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 15t" 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 or she knows to be false is a Class A misdemeanor. 4. 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 the 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 Specifications. 6. If the contractor fails to begin providing the services within the specified time, or fails to perform these services in accordance with the terms of the approved schedule or performs the services in a manner unacceptable to the Village, or if the contractor becomes insolvent or is declared bankrupt, or makes an assignment for the benefit of creditors, or from any other cause fails to perform the required services in a manner required by the contract, the Village shall give notice to the contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the contractor, within a period of ten (10) calendar days after the giving of such notice, does not proceed in accordance therewith, then the Village shall have the full power and authority to declare the contract and the contractor in default, and to forfeit the rights of the contractor in the contract. 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 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 39 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. B. Performance of the Required Services 1. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice 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 documents. 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 Village and shall be performed again by the contractor at no expense to the Village. 4. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment, or storage under the 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. 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. 40 C. Bond; Insurance; Indemnification 1. 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 $1,0007000 $370007000 Property Damage $17000,000 $370007000 Contractual Ins. $170007000 $370007000 Automobile Liability Bodily Injury $170007000 $13000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident 41 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, defend and 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 responsibility 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. D. Compliance with Laws 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 shall, 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 regulations 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 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 not limited to, the following: 42 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. b. Tax Payment. The contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue pursuant to 65 ILCS 5/11-42.1-1. C. Drug Free Workplace Act. 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 pursuant to 30 ILCS 580, et seq. d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. Non -Discrimination. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 ILCS 10/1, et seq. g. Equal Employment Opportunity_. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2- 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 of 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 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 43 E. F. limited to, attorneys fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village under the contract. Work Guaranty 1. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. 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. Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. Miscellaneous Contract Requirements 1. 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. 44 3. Nonassi_nability. 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. 6. Sobriety Each licensee shall prohibit any drinking of alcoholic beverages by drivers and crew members while on duty or in the course of performing their duties. If any employee or agent of a licensee has been found to have any level of alcohol or controlled substance in his or her system, while operating equipment in the village, the licensee shall be fined in the amount set forth in appendix A, division III of this code and be subject to the loss of the license. This subsection is meant to be a zero tolerance policy and to impose vicarious responsibility on the licensee. This fine against the licensee shall be separate and distinct from any criminal or civil charges brought against the driver or operator and shall be in addition to any other penalties. The hearing with respect to this subsection shall be held before the village of Mount Prospect administrative law judge. 7. 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. 45 Exhibit 1- Residential Route Schedule Residential Route Schedule I ;F North , Of Northwes Wes Mo Stro*t 'Northwest=-YYandGrey rry b Incl of sides of drool%); north of Gregory and wost of Bet Nor th �m on and met of Orentwood (InctuildIng, both,mides 91,13iontwood). , . South of Groq*y (Inchiding both s of Gr of Wain Street and CountryL u t Norte H104*cy, vmst o Stet and Country Lem, (Indodinji both Alf Mom r*4, ond Country Lon*)-. north of. a eel:. -of Rocit4:1," (lftCIudIn4 th* Oatt side of Rouie North of Lwonquistine' i g, north side of Lon:.cost of Busse .'00ad (*cIudk%q 6ast, side Road); nth of Umc Ih1 norms Side of. Lincoln). mday �,. ni U th of Lincoln nduding Swth Sift of . west ,of Iki i Rood (inducling west + oot Southonn i tdig h aift o f to, 133(including e "qie: w". f Exhibit 2 — Multi -Family Refuse and Recycling Inventory Village of Mount Prospect Multi -Family Properties Trash Recycling Container Container Name Size Pick -Ups Size Pick -Ups The Condos Of Birch Manor s-syd MY 748 Dempster Top Of the Mount Apts 207 S. Maple 5-2yd K Th, Sat 11-95 carts W Dawson Complex 2-2yd T, Fr 4-95 carts T 235 E Prospect Prospect Place Develop 2-2yrd comp Partner 11 W Prospect 2 -2 d M, Th 1-2 d K W,FR Creekside Condos 710 Euclid 8-1.5 yd T,F 4-2 d T,F Clock Tower Condo 1-1.5 10 S Willie 1-2 d MY 5-95 carts M Village Centre 11 S Willie 2-1.5 M.T,TH,F,S 4-95 carts T Village Centre Condos 5 W Central 2-1.5 yd M,Tu,Th,F,S 2- 2 rd F Orion Prospect Apts Oakton & Elmhurst 23-4 d KWIF 22-95 carts F Algonquin Apts 2070 W Algonquin 1-4 d 2-8 d M,W,F Centennial North Apts goo E Ard ce Ln 3- 1.5 d W 4-95 carts W Central Village Condo 6-1.5 yd 715 W Central Rd 5-2 d W 5-95 carts F Colonial Manor Apts 1 N. Main 1-1.5 yd T,F 6-95 carts M Colony Country Apts 250 W Parliament 6-1.5 yd TY 3-2 yd T,F Colony Country Apts 140o N Yarmouth 5-1.5 yd T,F 6-95 carts MY Rand Park Apts 106o N Wheeling 4- 2 rd M,TH,S 2-95 carts T Golf Grove Condo 4-1 yrd 1903 W Golf 2-1.5 yd M,W,F 6-95 carts TH 47 Irminger Apts 1009 W Prospect 8 -1 d T Judith Ann Townhomes 1 E Judith Ann 1- 8yd KWIF Kenilworth Condos 1255 W Prospect 1- 6yd TH 6-95 carts TH Lakeside Condos 601 W Huntington 23-1.5 d T,F 16-95 carts M, TH Euclid lake Villas 115o N Wheeling 6-1.5 d KWZS Lion Park Townhomes 401 E. Lincoln 6-1.5Yd KWIF 15-95 carts T Main St Apts 9 N. Main 1-1.5 yd T,F McDonald Creek Condos 802 N River 2- 4YD M.W.F 9- 95 carts T Meadows Condos 1200 W Northwest H 4-1.5 d M, F 14- 95 carts M Gold Grove Apts 1821 W Golf 33 -1.5Yd M.W.F 57- 95 carts TH Golf Grove West Apts 19 01 W Golf 7-1.5 yd M.W.F Orchard Vale Condos 6-1.5Yd 140o N Elmhurst 1-1.5 yd T,F 3 -95 gal M 2- 8yrd Pharoahs Apts 1- 4Yd 1701 Busse 5-6 rd M,TH T, F 16 - 95carts T Windsor Court Apts 2- 4Yd 519 Dempster St 7- 8yd M, F Colonial Greens Apts 1- 4 yd 1958 W Algonquin 11-10 d MY Prospect Point Condos 517 W Central 3- 1 d T, F Randwood Towers 1019 N Boxwood Dr 3- 4 d M,W,F 9- 95 carts T 1 -1 yd Redwood Apts 3-1.5 yd 1503 S Redwood 2- 2 d M,W,F 6-95 carts F Timberlane Apts 601 E Prospect 1 -8d M,W,F 5- 95 carts W Westgate Condo 28o N Westgate 10-1.5 yd M,Th 2 -95 gal M,W Lester Krasnowki Apts 213 W Prospect 1- 1 d W 48 Shires Of Clock Tower 5 S. Pine 4 -1.5 yd MY 6- 95 carts M The Lofts 4o E. Northwest Hwy 2- 2yd T,F 1-95 cart M Colonial Manor Apts 5 N. Main 1-1.5 yd M,W,F Village Centre Condos 20 S. Main 2- 1.5 yd M,T,TH,F,S 2- 2yd T,F The Emerson too S Emerson 3 -2 yd T,F 8 - 95 carts W 3021 Lynn Court 3021 Lynn Ct 1- 8yd T, F 20 West Apartments 20 W Northwest Hwy 4 -2 yd M,W,F 4 -95 carts F East Prospect Apts 415 E Prospect 2 -3 yd KTH 3- 95 carts W The Element 30 -95 150o Dempster 6 - 8yd T,S carts F Centennial South goo Centennial Dr 3-1.5 yd W 4 -95 carts W Cinnamon Cove 7 - 2yd 1761 W Algonquin 1- 4 d KWZS 1-95 cart F Randview North Apt 1172 N. Wheeling 2 -2 yd M,TH 3-95 gal T,F 2- 8 yd Countryside Apts 2- 6yd 700 W. Hun tin ton 1- 2yd M,W,F 18-95 gal M Crystal Towers 1717 W. Crystal 12 -2 yd T 24 -95 gal W Frediani Apts 210 N Kenilworth 1- 2yd TH 2- 95 gal TH Forest Cove Apts 1705 Forest Cove 19 -2 yd KWIF 17- 95 W Hunt Club Apts 1103 S. Hunt 32 -1 yd M,W,F 36 -95 gal M 1 - 4Yrd Huntington Square Apts 6 - 2yrd 1300 S. Elmhurst 4- 6yds 2- 8rd 2 -2 yd KWIF 18 -95 gal KTH 49 Huntington Towers 4- 6yd 551 W. Huntington 2- 2 d comp W 10 -95 gal M Victoria Hills Apts 1852 S. Busse 7 - 8yd T, S 16- 95 gal T, F Kensington Commons 4 -1.5 yd 40o E. Kensington 2 - 2 d T,F 9- 95 gal K TH Maple Street Townhomes 310 S. Maple 2 - 2 d KWIF 7-95 gal WY 20-1.5 yd Mt Prospect Townhomes 6-2yd 92o N. Boxwood 1 -4d KWZS Oak Terrace Apts 3 -4 yd 419 Dempster 3- 6 d M,Th,S 12 -95 gal F Pickwick Commons West 6 -3Yrd 684 Dempster 3 - 8 rd T, S 12 -95 gal F Prospect Gardens Condo 501 E Prospect 2- 2 d KTh 6 -5 gal W Sha Bonee Trail 718 E Shabonee 1 -2 yd W Dover Condos 4 - 3Yd 185o Busse 2- 8 d KTH 9- 95 carts T River West Apts 1532 N River 5 -2 yd T,F Cottonwood Apts 20 -95 1701 W. Cottonwood 10 - 6 d T,F carts F Dempster Trail Apts 415 Dempster 1-3 yrd M Randview South Apts 6 -2 yd goo N Wheeling 1- 3 d M,T,TH, F 10 -95 carts T, F The Eclipse 5 -4 yd 1450 S Busse 4 - 6 d M.Th.S Sable Chase Apts 1700 S Busse 2 - 6 d MY 4- 95 carts W 10 N Main 10 N Main 1- 2 d comp T,F 12-95carts T,F Brownstone Apts 1498 Algonquin 3 - 8 d M,TH Boxwood Apts 1215 N Boxwood 1 -2 yd KWIF Mansard Lane Apt 1701 W. Mansard 7- 6 d T 50 Ashley Cove 1-8 yrd 1115 N. Boxwood 6- 2 d MNIF Lynn Court 3015-3017 Lynn Ct 1- 6yd T Mt Prospect Multi Family - Recycling 1700 W. Central M 48 gal carts HQ Residence 112 E northwest Hwy 3-2 rd M,W,F 51 Exhibit 3 — Residential Fee Schedule RESIDENTIAL COLLECTION SUMMARY PART I - Single Family Service 2027- Esti mated 1. Single -Family Monthly fee, weekly unlimited refuse and brush collection, bulk items, and bagged leaves during $8.29 extended leaf pickup (35, 65, or 95 gallon cart.) (Per Household/Month 2. Single -Family Monthly fee, weekly unlimited recycling $5.02 collection (35, 65, or 95 gallon cart.) (Per Household/Month) Total Residential Charge for weekly collection, less yard $13.31 waste charges (Per Household/Month) Supplementary /Value Added Services Billed Direct to $16,885.20 Village —Monthly PART II - Special Services 12027- Estimated 1. Household Hazardous Waste (billed to Village) — $2.50 Per household/Month 2. White Goods Collection Fee (billed to resident) — Cost per $31.38 item 3. Back Door Service Fee (billed to resident) — Monthly $37.66 Household Rate 4. Excess Construction/Demolition Debris (billed to residents) — $25.69 Per cubic yard PART III - Yard Material Collection and Disposal 12027- Estimated 52 1. Yard Material Collection/Disposal (Per Household/Month) 1 $ 1.44 2. Price for Optional Wheeled Cart Rental Fee (Monthly Fee) 1 $4.47 PART III -Municipal Services 2027 Estimated 1. Fall Leaf Disposal (up to 1,675 tons per year) No Charge 2. Rate per ton over 1,675 tons $59.04 3. MSW Disposal Rate (Per Ton) at Mt. Prospect Transfer $61.14 Station (from Public Works Trucks) 4. C&D Disposal Rate (Per Ton) at Mt. Prospect Transfer $72.00 Station (from Public Works Trucks) 5. Temp Roll -Off Dumpsters (up to 150 free annually) No Charge a. Haul Rate (charged on boxes over 150 per year) $255-17 b. Tonnage Rate (charged on all boxes) $59.04 Note: 2027 rates are estimated based on a 2.75% increase. Actual rates may be higher or lower based on actual CPI as calculated per Article VI, Section H of this agreement. 53 Exhibit 4 - Multi -Family Fee Schedule Container Size 1x/week 2x/week 3x/week 4x/week 5x/week 65-gallon cart $16.97 $33.87 $50.80 $67.75 $84.75 95-gallon cart $17.24 $34.53 $51.74 $68.99 $86.27 Icy $18.32 $36.64 $54.97 $73.22 $91.61 1.5 cy $27.48 $54.97 $82.42 $109.88 $137.37 2 cy $36.64 $73.22 $109.88 $146.56 $183.19 3 cy $55.08 $110.14 $165.24 $220.34 $275.45 4 cy $74.05 $148.06 $219.97 $293.29 $366.70 6 cy $110.02 $219.94 $329.93 $439.87 $550.76 8 cy $142.20 $285.61 $428.46 $571.34 $714.13 10 cy $178.46 1$356.91 1$535.38 1 $713.83 1$892.29 "Coiner Size 1x/week 2x/week 3x/week 4x/week 5x/week 65-gallon cart 95-gallon $15-54 cart Icy $41.58 $72.76 $101.34 $131.23 $161.11 1.5 cy $44.17 $77.95 $111.74 $142.92 $175.40 2 cy $46.77 $83.15 $119.53 $154.62 $188.39 3 cy $98.74 $168.90 $239.06 $309.22 $379.38 4 cy $106-54 $179.30 $254.65 $327.41 $401.47 6 cy $148.11 $254.65 $358-59 $462-53 $567.77 8 cy $180.60 $306.62 $433.95 $561.28 $686.00 10 cy $231.27 $392.37 $552.18 1 $713.29 $874.39 1 Note: 2027 rates are estimated based on a 2.75% increase. Actual rates may be higher or lower based on actual CPI as calculated per Article VI, Section H of this agreement. 54 Exhibit 5: Commercial Collection Fee Schedule Containe 1 x/wee 2x/wee 3x/wee 4x/week 5x/week 6x/week Extra r Size k k k P/U 95-gallon $37.19 $55.66 $80.26 $103.65 $124.56 $149.17 $22.14 cart Icy $62.98 $104.6 $144.8 $183.69 $223.82 $262.70 $38.14 1.5 cy $64.98 9135.E 5188.3 $231.61 $289.93 $332-54 $49-53 2 cy $66.91 4131.4 $231.8 $279.52 $356.02 $402.39 $53.53 3 cy $136.9 $250.0 $342.8 $435.59 $527.12 $619.90 $93.13 4 cy $3890.7 $484.96 $580-55 $675.48 $101.87 9143.3 3274.8 6 cy $173.2 $334.5 $545.5 $675.48 $811.88 $941.88 $145.75 8 cy $203.1 $469.6 $658.4 $821.36 $980.90 $11143.1 $178.35 4 5 8 2 10 cy $385.6 $597.4 $804.1 $1,015.9 $1,223.9 $1,434.5 $227.36 4 3 8 6 8 1 Container Size 1x/week 2x/week MEN 3x/week 4x/week 5x/week 6x/week ME Extra P/U 95-gallon $26.36 $38.91 $52.72 $71.55 $86.62 $102.94 $16.32 cart 1 cy $40.17 $70.30 $97.91 $126.79 $155.66 $183.28 $23.85 1.5 cy $42.69 $75.32 $107.96 $138.08 $169.47 $195.83 $25-11 2 cy $45-19 $80.34 $115.49 $149.38 $182.02 $215-91 $27.62 3 cy $95.40 $163.19 $230.98 $298.76 $366-55 $431.83 $57.74 4 cy $102.94 $173.23 $246.04 $316.34 $387.89 $461.95 $61.51 6 cy $143.11 $246.04 $346.47 $446.89 $548.57 $647.74 $85.36 8 cy $174.49 $296.25 $419.27 $542.29 $662.80 $784.57 $104.19 10 cy $284.96 $379.10 $533.51 $689.17 $844.82 $999.23 $134.32 Recycling -Less the first pick u 2x/week 3x/week 4x/week 5x/week 6x/week 12.55 26.36 45.19 60.26 76.58 30.13 57.74 86.62 115.49 143.11 55 32.63 65.27 95.39 126.78 153.14 35.15 70.30 104.19 136.83 170.72 67.79 135.58 203.36 271.15 336.43 70.29 143.10 213.40 284.95 359.01 102.93 203.36 303.78 405.46 504.63 121.76 244.78 367.80 488.31 610.08 94.14 248.55 404.21 559.86 714.27 1 x/week 12x/week 13x/week 14x/week 15x/week 16x/week 2 Yard $177.98 $317.54 $454.55 $560.82 $719.60 $820.75 Compactor 4 Yard Compactor $29$•34 $509.61 $713.19 $928.30 $13130-61 $1)340-60 6 Yard $421.26 $713-19 $13010.25 $13299-62 $13596-68 $17889-90 Compactor Less the first pick up for RECYCLE compactors 2x/week 3x/week 4x/week 5x/week 6x/week 139.56 276.57 382.84 541.62 642.77 211.27 414.85 629.96 832.27 1042.26 291.93 588.99 878.36 1175.42 1468.64 10 cy $572.42 15 cy $572.42 20 cy $656..53 25 cy $743.15 30 cy $743.15 40 cy $831.02 Per Ton Rate for Extra Tonnage $81.03 56 rr ri i rr 1 Per ton - Note: 2027 rates are estimated based on a 2.75% increase. Actual rates may be higher or lower based on actual CPI as calculated per Section 4.2 of this agreement. Exhibit 6 — Recycling Participation Schools, Churches, Non-profit 57 CURBSIDE RECYCLING SCHOOL AND CHURCH PARTICIPATION CHURCHES Church of the Nazarene Community Presbyterian Church Cumberland Baptist Church Grace Lutheran Church Hyung Jae Methodist Church King James Mount Prospect Bible Church Northwest Assembly Northwest Covenant Peace Reformed Church Rissho Koseikai Church St. Cecilia's Church St. Emily's Church St. John's Church LOCATION 1501 Linneman 407 N. Main 1500 E. Central 1624 E. Euclid 901 W. Church 123 S. Busse 505 W. Golf 1400 Kensington 300 N. Elmhurst 2090 W. Golf 1 W. Euclid 700 S. Meier 1400 E. Central 1101 Linneman St. Thomas Becket Church 1321 Burning Bush South Church 501 S. Emerson Additional buildings of worship may be added. Exhibit 7 — Trash Receptacle Locations 58 Cans Courtes�v Ell Am mMtt h, f", ail Nf, s M m 6�➢tam � ' p i , � i@%h ,, IY� ' i � �� !ry 'n x�r r �p i ml f,rr Xx/ ,�,%/ / / aN /i/ h a" a ol IJVMI o m 1,,DI` All; rAr�� , „ w �, h L / r�,mny;mow�uy dWk n. x» A ON i l yir Y gin, r A1r, 'tr Sly V'fµ l;,ry U 6 II IK , ff„ oV, rut; l R,YI I: wv `ilr +�1ryh Awfvm11 n!;✓, �i"rl y p + ^^ M 'r il%SAaw, �% i 1„ $ I it w�„1-tl�wP'urolr qr ,l4f NA . w bl"r WY6 j a. c NO ,.;Jrru Vol vie 41 0 a&I „ MJ�/, �n 4Np m s lY�"r fjJAY�I/lflA�f/'/ i ///// I ii ///,.rill /..,,,,! ` �r�, liY - � afrc �///�� /�// /// � Ol°m 1J� / e� AJUj. M 6 S"✓ �'N CtU l("r,'n�"d+l''A"t ow°�'Y, / // / j// / % Jm / ry,rr, l��j//�%�///(1%%//1%�� / w'a h✓i,, �1 f;. 10�IU�au;Nwwai� I�m��yi��m�� fe Ttash Cans q s / / �i Municipality ,Jr ,Uotm Vwl r Me VIlLagre ('A Mount Prospe(A, IL 59 *0MEII:3Iran? VILLAGE OF MOUNT PROSPECT SOLID WASTE SERVICES CONTRACT 2027-2036 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and , an , located at Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 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 proposal 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. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. 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; d. Comply with the Americans with Disabilities Act; and 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 follows: Title 44, Part 750, Section 750, APPENDIX A , Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY 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 agrees 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. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's 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. 5) That it will submit reports as required by the Department's Rules, furnish all relevant information as may from time to time be requested by the Department 61 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit 3 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. METHODS 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. 8. 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 62 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. CONTRACTOR'S 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 the 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 the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon sixty (60) 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 Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning January 1, 2027, and shall remain in effect until December 31, 2036, unless terminated by either party under the conditions specified in Section 10, Contract Termination. 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. SEVERABI LITY 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. 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 an original and all of which shall constitute but one and the same instrument. 64 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. n Witness thereof, the said parties have executed and signed this contract on Attest: Karen Agoranos, Deputy Village Clerk .2026. :y,a Corporate Name: :y,6 Attest: Secretary (Corporate Seal) Its VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation 65