APPENDIX “A” GARBAGE/TRASH FRANCHISE TRASH COLLECTION AGREEMENT. The agreement for trash and garbage for this Municipality is as follows: AGREEMENT This Agreement made and entered into by and between the County, Illinois, the and , the Contractor. WHEREAS, the Contractor agrees to collect, remove and dispose of trash, refuse, garbage, and yard waste in the , in accordance with the terms of this Agreement and the Agreement bid specifications and bid proposal of the Contractor that have been accepted by the as of . Said Agreement bid specifications are attached hereto and made a part of this Agreement. Said service shall be for a period of three (3) years, beginning and ending . WHEREAS, the agrees to compensate the Contractor for said services. NOW THEREFORE, the parties hereto do hereby agree, as follows: Section 1. That for and in consideration of this payments and covenants hereinafter mentioned to be made and performed by the , the Contractor hereby covenants and agrees to furnish, during the Agreement period beginning , and inclusive, all of the necessary vehicles, equipment and personnel to do the work and the service of collecting and disposing of all garbage, trash, refuse, and yard waste as hereinafter defined, in the , in accordance with the specifications and provisions hereinafter set forth in this Agreement and the Municipal Code of Ordinances. A. The Contractor shall furnish the necessary vehicles for the collection of garbage, refuse, and yard wastes, which shall be substantial, non-leakable and metallic vehicles provided with tops or a covering preventing spilling out or leaking, and to conceal said contents from view, not to exceed twenty-five (25) yards in capacity, except for yard waste bags, which need not be covered. B. Whenever the words “rubbish” or “trash” are used in this Agreement, they shall be construed, as follows: 1. Rubbish and/or trash shall mean all waste material such as ashes, paper, cardboard, cartons, containers, plastic bottles, cans, glassware, parts of furniture, fixtures and other household equipment of such weight, dimension, size and shape that they can be stored in a standard container as authorized in the Code of Ordinances, and all other useless, rejected and cast off matter, except as herein provided, which are produced by and accumulated in households. The terms “rubbish” or “trash” shall not include pieces of wood or lumber exceeding six (6) feet in length, soil, mortar, plaster, concrete, bricks, stone gravel, sand and all wastes or leftover materials resulting from grading, excavation, construction, alterations, repair or wrecking of buildings, structures, walls, roofs, roads, streets, walks or other facilities, and such other items whose weight, size, dimension and shape cannot be stored in a standard container as authorized in the Revised Code of Ordinances. C. Whenever the word “garbage” is used in this Agreement, it shall be construed as follows: 1. All semi-solid and solid food wastes derived from and during procurement, storage, processing, sale, cooking, service, and consumption of food materials of animals, vegetable or synthetic origin which are intended for and are used by householders, for the refreshment or sustenance of human beings or animals. The term “garbage” as used herein shall not include dead animals, liquid wastes or materials from the processing of hides or other animal parts. D. Whenever the term “yard waste(s)” is used in this Agreement, it shall be construed as follows: 1. Yard waste shall include grass clippings, lawn rakings, leaves, garden vegetation, brush, tree trimmings, branches and limbs, free of other debris or refuse. E. The Contractor shall empty all trash receptacles on property owned and used by the Municipality. F. The Contractor shall pick up yard waste on the same day as the garbage pick up. The Contractor shall not pick up waste improperly bundled or in unauthorized bags. G. All garbage, trash and yard waste shall be collected at the curb, or at the alley line from those properties adjacent to an alley. The may, however, prohibit the use of alleys for pick up in the event of inclement weather. H. Collection service shall be limited to single-family and two-family residences. Mobile home, or “trailer” home parks shall be treated as single-family homes, except for those parks having a single point of pick up, such as a dumpster, in which case service shall not be rendered. During commercial dumpster collection the Contractor will strive to conduct operations as near as possible to normal day-time working hours as not to disturb residential areas adjacent to commercial dumpsters. I. In collection of garbage, trash and yard waste, the Contractor and his employees shall not place the same upon, or suffer the same to be placed or scattered upon, any public or private street, alley, drive, or place, and agrees to replace any receptacle, can or lid damaged by him or his employees and, upon collection, leave the premises in a neat and clean condition. J. The Contractor shall maintain an office and telephone during normal business hours and shall respond to any complaint the same day it is received. K. No collection shall be required on the following annual legal holidays: January 1st, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day. This does not, however, relieve the Contractor of the obligation to provide weekly pick up service. L. The Contractor shall designate one pick up day per month which has been determined to be the of each month for the pick up of discarded household items of a general nature, the size and weight not to exceed that of household refrigerators, water heaters, or divans. This collection shall not include concrete, bricks or other construction materials, vehicle parts or any manufacturing machinery or materials. M. The Contractor shall provide pick up, recovery and disposal services for any discarded household white good items which contain Dichlorodifluoromethane for a fee of for the first item set out and for any additional items set out and properly indicated on the same pick up day. Items set out for pick up, recovery and disposal on different days will be treated as the first item and subject to a fee each. N. Solicitation, acceptance, or demand for compensation of any kind whatsoever by the Contractor or employees of the Contractor from owners, tenants, or occupants of any household is prohibited, excluding items set forth in Section M of the Agreement. O. The Contractor shall provide, at no cost to the , dumpsters and disposal of any contents within the following sites: Municipal Center, Power Plant/Maintenance Building, Municipal Park (small wheeled units), and seasonally at the Municipal Swimming Pool during operations and renovation periods. P. The Contractor shall provide at the Municipality’s request up to a forty (40) yard container and haulage of same to an appropriate dump site not more than four (4) times per year nor longer than thirty-six (36) days in total per year. The Superintendent shall designate the locational site for the container. The Contractor shall receive compensation for such service as follows: 1. The Municipality shall pay no more than the tipping fee charged by the Contractor subsidiary land fill division to its hauling division for tipping of the container. 2. The Municipality shall pay the Contractor for hauling by a per container hauled basis as follows: a. For the period , through , a per haul fee of $ . b. For the period , through , a per haul fee of $ . c. For the period , through , a per haul fee of $ . Provided the Municipality renews the Agreement for either years four (4) or five (5) the haul fee will be calculated to be $ for any additional years to this Agreement. Section 2. The Contractor shall obtain a performance bond with a reputable surety for a minimum sum of Twenty-Five Thousand Dollars ($25,000.00) or a cash escrow of Fifteen Thousand Dollars ($15,000.00) payable to the for the period of this Agreement. Said surety shall be in favor of the to guarantee the faithful performance of all the terms and conditions of this Agreement and all specifications previously furnished the Contractor, which are attached hereto and made a part hereof. Section 3. In addition, the Contractor shall forfeit the sum of One Thousand Dollars ($1,000.00) as liquidated damages to the Municipality for each and every day that he shall fail to comply with the provisions of this Agreement, which said forfeiture shall be deducted out of any sum of money that may be due or shall become due to the Contractor under the terms of this Agreement, and $ for each individual receptacle missed on any collection day. Section 4. The Contractor shall not be held to strict performance of this Agreement according to its terms in the event that the strict performance hereof is rendered impossible by the act of God, civil riot, war activity in the area serviced, or the destruction by a sudden, violent, destructive force beyond the control of the Contractor of all or a major part of the Contractor’s vehicles required for such strict performances, and in such event, the Contractor shall not be required to pay the liquidated damages for forfeitures provided for in Section 3 hereof for the period of such impossibility of performance; however, that if such possibility of strict performance continues for a period of more than five (5) days, the Municipality shall have the option to cancel this Agreement without notice. In the event such impossibility of strict performance shall occur for a continuous period of more than five (5) days; and the Municipality does not exercise its option to cancel this Agreement; and, the Contractor thereafter resumes performance hereunder by agreement of the parties, waiver by the Municipality of its right to cancel this Agreement in such instances shall not be construed as a waiver of its right to cancel this Agreement during any subsequent period of such impossibility of strict performance. In the event of any period of such impossibility of strict performance of this Agreement by the Contractor, the Contractor shall not be entitled to any payment for such period, and its compensation shall be adjusted by a pro rata deduction, on a daily basis, for such period. Section 5. The Municipality may cancel this Agreement for any substantial breach upon written notice. Section 6. The Contractor shall not assign or sublet any part of the work embraced herein without the written permission of the Municipality. Section 7. All garbage, trash and yard waste collected shall be immediately removed from the and deposited in a licensed landfill or incinerator. The Contractor shall, in writing, notify the of all disposal sites or methods used. Section 8. The Contractor agrees to be bound by all laws and ordinances now in force, or which may hereafter be in force, as well as specifications previously furnished the Contractor, anything herein contained to the contrary notwithstanding. However, if the provisions contained herein are more onerous than the provision of such ordinances or specifications, these provisions shall apply. Section 9. The Contractor agrees to secure and keep in force during the life of this Agreement the following types of insurance with an insurance company licensed to do business in the State of Illinois, to wit: A. Worker’s Compensation Insurance as prescribed by the Statutes of the State of Illinois. B. A policy of liability insurance on each vehicle used in the refuse disposal operations covered by the Agreement, indemnifying both the Contractor and the Municipality against damage suits, in an amount not less than $500,000.00/ $1,000,000.00. C. In the event any insurance policy herein required in canceled, the Contractor shall notify the Municipality thirty (30) days prior to such cancellation. Section 10. The Contractor agrees to indemnify and hold harmless the Municipality from any liability, claim, damage or cause of action which may be sustained or asserted against said Municipality as the result, directly or indirectly, or in any manner, of the performance or failure of performance on the part of the Contractor. Section 11. In consideration of the full and complete performance of this Agreement by the Contractor and of all the work and services herein contemplated, in conformity with the terms, specifications and covenants contained, the Municipality agrees to pay the Contractor, as full compensation for the said work and service, as follows: A. A monthly fee, per residential unit, for which garbage and/or trash is collected, as follows: 1. For the period through , a fee of . 2. For the period through , a fee of . 3. For the period through , a fee of . B. A per bag fee for the pick up of yard waste(s), as follows: 1. For the period through , a fee of . 2. For the period through , a fee of . 3. For the period through , a fee of . The Contractor shall report the number of bags picked up each month and the Municipality shall pay the per bag price as indicated above. However, under no circumstances shall the Municipality pay for bags picked up in excess of the number of bags sold. Payment by the Municipality shall be made by the end of the month following the month the service is rendered, provided the Contractor submits invoices by the of the month following the month in which the service is rendered. C. At the outset of this Agreement, an audit of the number of residential units shall be made by one representative designated by each of the parties hereto, and by a third person designated by them in the event of a disagreement between them as to the number of residential units. Said determination as to the number of residential units services shall remain in force for a period of twelve (12) months, at which time a similar audit shall be made. An audit shall be made in the first (1st) month of each year of the Agreement. Section 13. It is hereby further stipulated and agreed by and between the parties hereto that this Agreement may be canceled by the Municipality during the term of the Agreement by giving sixty (50) days written notice to the Contractor by certified mail, return receipt requested, mailed to said party at the address shown in the Agreement below and to the authorized officer whose signature appears below. IN WITNESS WHEREOF, the said Contractor has hereunto set its hand, and the , Illinois, acting by and through its , has authorized these presents to be signed and executed on this day of , .