environmental committee final agenda january 5, 2021
TRANSCRIPT
DU PAGE COUNTY
ENVIRONMENTAL COMMITTEE
FINAL AGENDA
January 5, 2021 Regular Meeting 8:30 AM
VIRTUAL MEETING/3-500A
COUNTY WEBSITE
421 N. COUNTY FARM ROAD
WHEATON, IL 60187
DuPage County Page 1
PURSUANT TO THE ILLINOIS ATTORNEY GENERAL'S “GUIDANCE TO
PUBLIC BODIES ON THE OPEN MEETINGS ACT DURING THE COVID-19
PANDEMIC", DATED JULY 2, 2020, COUNTY BOARD MEMBERS MAY
PARTICIPATE WITHOUT BEING PHYSICALLY PRESENT IN COMPLIANCE
WITH THE ESTABLISHED PROVISIONS.
1. CALL TO ORDER
2. ROLL CALL
3. CHAIR REMARKS
A. Environmental Division & Committee Overview
B. Virtual DuPage Environmental Summit - January 28, 2021 - 8:30 am to 12 pm
4. PUBLIC COMMENT
5. APPROVAL OF MINUTES
A. Environmental Committee - Regular Meeting - Tuesday December 1st, 2020
6. PARENT COMMITTEE APPROVAL
A. Action Item -- 2021 Document Shredding Program
B. 20-21-43 RESOLUTION -- Appropriation of Funding for the Continued Operation of the
Regional Household Hazardous Waste Facility in the Amount of $100,000
7. PRESENTATIONS
A. Educational Partners - SCARCE DuPage County Projects
8. OLD BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
DU PAGE COUNTY
ENVIRONMENTAL COMMITTEE
FINAL SUMMARY
December 1, 2020 Regular Meeting 8:30 AM
VIRTUAL MEETING/3-500A
COUNTY WEBSITE
421 N. COUNTY FARM ROAD
WHEATON, IL 60187
DuPage County Page 1
1. CALL TO ORDER
8:30 AM meeting was called to order by Chair Elizabeth Chaplin at 8:30 AM.
2. ROLL CALL
PRESENT: Krajewski (Remote), Chaplin (Remote), Selmon (Remote), Larsen
ABSENT: Healy, Elliott
3. CHAIR REMARKS
Chair Chaplin discussed The Elmhurst Chapter of the Citizen's Climate Lobby and their work to
address climate change issues. She went on to bring up the accomplishments of this committee
over the last few years; the Household Hazardous Waste facility renewal, Hope's Garden project,
the NAACP involvement, garden boxes and the Cares Act funded projects for PPE disposal and
the Household Hazardous Waste special event.
Chair Chaplin also mentioned this meeting, per Governor Pritzker's order, is being held virtually
via Zoom and in person.
4. PUBLIC COMMENT
None.
5. APPROVAL OF MINUTES
A. Environmental Committee - Special Call - Oct 6, 2020 9:00 AM
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Brian J. Krajewski, Vice Chairman
SECONDER: Robert L. Larsen, District 6
AYES: Krajewski, Chaplin, Selmon, Larsen
6. PARENT COMMITTEE APPROVAL
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Minutes Environmental Committee December 1, 2020
DuPage County Page 2
A. Action Item -- Agreement Between the County of DuPage, Illinois, eWorks Electronics
Services, Inc. and Reverse Logistics Group Americas, Inc. to Provide Electronics
Recycling to Residents of DuPage County
RESULT: APPROVED [UNANIMOUS]
MOVER: Robert L. Larsen, District 6
SECONDER: Ashley Selmon, District 1
AYES: Krajewski, Chaplin, Selmon, Larsen
7. DISCUSSION
A. Discussion -- U.S. EPA Recycling Strategy.
The US Environmental Protection Agency is requesting comments regarding a National
Recycling Strategy.
Ms. Joy Hinz, Environmental Specialist, explained there are three components of this
strategy to reduce contamination, increase processing efficiency and improve markets.
Staff response to the US EPA is they should focus on the larger scale national or global
programs but support local governments on education, reducing contamination, leaving
local issues for state, county or city governments.
Member Selmon inquired when the US EPA will finalize this, Ms. Hinz will follow up.
The comments are due by December 4th.
Chair Chaplin directed staff to send the comments to the US EPA.
8. STAFF REPORTS
A. Staff Reports -- 2020 Solarize Chicagoland Program Summary
Ms. Joy Hinz informed the committee of the Solarize Chicagoland program, with partners
Midwest Renewable Energy Association and Citizens Utility Board. There were 21
participants this year, which is down from 2019, this is the last year of the most
incentives available. She also mentioned these are residential properties only. DuPage
County came in second only to Cook County, which as Vice-Chair Krajewski pointed out
has a much larger population.
9. PRESENTATIONS
A. Educational Partners - SCARCE DuPage County Projects
Ms. Kay McKeen of SCARCE provided a PowerPoint presentation to the committee
members. Vice Chair Krajewski inquired about the syringe and prescription drop off
locations throughout the county. Ms. Hinz will provide a list.
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Minutes Environmental Committee December 1, 2020
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B. SCARCE PowerPoint presentation
10. OLD BUSINESS
Vice Chair Krajewski thanked Ms. Joy Hinz for organizing the Household Hazardous Waste
Collection event held November 14th.
11. NEW BUSINESS
None.
12. ADJOURNMENT
Meeting adjourned at 9:01 AM.
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MEMORANDUM
TO: Environmental Committee Members
FROM: Joy Hinz, Environmental Specialist DATE: December 16, 2020 RE: 2021 Document Shredding Program Action Requested:
Approve a co-sponsorship program for multiple public partners in an amount not to exceed $6,500. As part of DuPage County’s efforts to reduce waste and increase recycling, staff is recommending that the Environmental Committee again offer financial assistance to local governments willing to provide document shredding services to residents. Funding will be offered to local governments with consideration given to distributing the events both geographically and throughout the calendar year. The 2020 program had 10 communities participate with 3 cancelling due to the COVID-19 restrictions. Communities reported significantly higher participation rates which also is attributed to the stay-at-home orders. Staff is proposing the attached 2021 funding program with the offering of additional funding ($150) for Cool DuPage partner communities.
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2021 DuPage County Document Shredding Funding Program
INTRODUCTION & PURPOSE It is the goal of DuPage County’s Environmental Committee (“County”) to support recycling efforts by providing County residents access to document shredding services. The Committee is offering $500 to local governments that are able to host a document shredding event. Cool DuPage Partner communities will receive first consideration and will qualify for up to $650 in sponsorship funding toward an event. County funding for the sum of all events is not to exceed $6,500. ELIGIBILITY Any unit of local government may request the funding. Local governments may partner with other organizations but must be a main host/contributor for the event. Communities will be notified if the County is able to fulfill their request for funding. Communities will receive email confirmation on their funding status. Only communities receiving a funding commitment from the County will be eligible for reimbursement. CO-SPONSORSHIP AMOUNTS Local governments may request up to $500 toward shredding services. Cool DuPage Partner communities may request an additional $150 not to exceed $650 in shredding event funding. ELIGIBLE EXPENDITURES All funds must be used for shredding services. Services must be provided at no cost to any DuPage County resident. DETAILS
• Funding recipients should provide the location, staffing, vendor and complete all of the logistics in hosting an event. Events must take place prior to November 30, 2021.
• The funding recipient agrees to allow any DuPage County citizen/household to participate regardless of their incorporation status. The entity could expand their program to small businesses.
• Event details are required to be provided to the County as soon as finalized to maximize advertising opportunities. Funding recipients must include a statement in promotional materials that partial funding was provided by County. Please share social media posts with the County and @CoolDuPage so the information can be further shared.
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REQUEST AND AWARDS Local governments may request funding via email to [email protected] or by writing to DuPage County Environmental Division, Attn. Andi Dierich, 421 N. County Farm Rd., Wheaton, IL 60187. It is the County’s goal to spread the events out both geographically and throughout the year. Communities are encouraged to submit a request (even if a date has not be identified) for funding by February 28, 2021, however requests for funding will take place on a rolling basis until all funding is allocated. The County endeavors to fund as many events as possible within the allotted expenditure not to exceed $6,500. REPORTING & INVOICING Communities should provide:
• A short synopsis of event participation • Estimated amount of paper collected, if at all possible • Proof of expenditure/invoice from document shredding company • A written reimbursement request or invoice from the local government entity to DuPage County
c/o Environmental Division payable o The invoice should include the amount, and address for the check to be sent to.
All reporting and invoicing documents can be mailed or emailed to [email protected] or by writing to DuPage County Environmental Division, Attn. Andi Dierich, 421 N. County Farm Rd., Wheaton, IL 60187.
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Resolution
20-21-43
APPROPRIATION OF FUNDING FOR THE CONTINUED OPERATION OF THE
REGIONAL HOUSEHOLD HAZARDOUS WASTE FACILITY
NOT TO EXCEED $100,000
WHEREAS, it is the intention of the DuPage County Board to provide funding for the
collection of household hazardous waste from DuPage County residents at the Regional
Household Hazardous Waste Facility pursuant to the Intergovernmental Agreement adopted by
the DuPage County Board pursuant to Resolution EN-R-0226-19; and
WHEREAS, the funding will be used to reimburse the City of Naperville for operational
expenses associated with operating the facility; and
WHEREAS, the funding source in the County General Fund - Company 1000,
Accounting Unit 1180; and
WHEREAS, the County finds that the need to appropriate funds for said
“Intergovernmental Cooperation Act”, as specified at 5 ILCS 220/1, et seq., and are authorized
by Article 7, Section 10 of the Constitution of the State of Illinois to cooperate for public
purposes.
NOW, THEREFORE BE IT RESOLVED by the DuPage County Board that there is the
NAPERVILLE HAZARDOUS WASTE fund account - Company 1000, Accounting Unit 1180,
Account 53701, which will account for funding during the term of this Intergovernmental
Agreement; and
BE IT FURTHER RESOLVED by the DuPage County Board that an appropriation, not
to exceed the amount of $100,000.00 (ONE HUNDRED THOUSAND AND NO/100
DOLLARS) is hereby approved and added to the Fiscal Year 2021 Appropriation.
Enacted and approved this 12th day of January, 2021 at Wheaton, Illinois.
________________________________
DANIEL J. CRONIN, CHAIRMAN
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK
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INTtr,RGOVtr,RNMtr,NT AL AGRtrtrMtrNT RETWEEN THE CITY OF NAPERVILLE ANDPAGE TO PROV DING FO
OPERATION OF A HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY
THIS AGREEMENT is entered into this day of 2019 ("EffectiveDate"), between the City of Naperville, a municipal corporation and home rule unit of localgovernment under the laws and Constitution of the State of lllinois with offices at 400 South EagleNaperville, Illinois 60540, and the County of DuPage, a body corporate and politic, with offices at421 N. County Farm Road Wheaton, Illinois 60187.
RECITALS
WHEREAS, the Illinois General Assembly has granted the County of DuPage, Illinois("COUNTY") authority to plan for the management of the COLINTY'S waste stream pursuant tothe Solid Waste Planning and Recycling Act (415 'LCS 1511, et seq.); and
WHEREAS, the County of DuPage in 1996 adopted the "DuPage County Solid Waste Plan"bmended in 2001, which recommends that the toxicity of the residential waste stream be reducedthrough the diversion and appropriate management of household hazardous waste ("HHW"), whichis the subject of this Intergovernmental Agreement; and
WHEREAS, the City of Naperville ("CITY") and the COUNTY are public agencies withinthe meaning of the Illinois "lntergovernmental Cooperation Act", as specified at 5 ILCS 220/1, etseq., and are authorized by Article 7, Section l0 of the Constitution of the State of Illinois tocooperate for public purposes; and
WHEREAS, the purpose of the Intergovernmental Cooperation Act and Article 7 of theConstitution of the State of Illinois includes fostering cooperation among governmental bodies; and
WHEREAS, on June 22,2018 the CITY and the Illinois Environmental Protection Agency(the "IEPA") entered into a five (5) year intergovernmental agreement (the "2018 IEPAAGREEMENT"), for the purpose of cooperative funding and operation of a facility on CITY-owned property (hereinafter referred to as FACILITY) to collect household hazardous waste fromthe members of the public, including DuPage County residents; and
WHEREAS, the 2018 IEPA AGREEMENT allows the FACILITY to accept HHW fromresidents, including but not limited to residents of DuPage County, and further provides that theIEPA assumes generator status and accepts liability for the HHW upon either the IEPA or theCONTRACTOR hired by the IEPA signing the completed Uniform Hazardous Waste Manifest forsuch waste.; and
WHEREAS, the current Intergovernmental Agreement Between the City of Naperville andthe County of DuPage for the Operation of a Household Hazardous Waste Collection Facilityexpired on December3l,2018; and
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WHEREAS, the CITY and COUNTY have determined that it is in their best interests thatthe FACILITY provide HHW services, including but not limited to all DuPage County residents,and seek to enter into this Intergovernmental Agreement to accomplish this purpose; and
WHEREAS, because DuPage County will provide funding for operation of the FACILITYat a cost not to exceed $100,000.00 (One-Hundred Thousand and no/ 100 Dollars) during the termof this IntergovernmentalAgreement ("AGREEMENT"), it is in the parties'best interests to clarifytheir rights and responsibilities with respect to the FACILITY; and
WHEREAS, forthe firsttime sincethe inception of the CITY's HHW program, the IEPAhas imposed a cap on the amount of funds it will provide for collection and disposal of householdhazardous waste from the CITY'S HHW Facility ("IEPA CAP").
NOW THEREFORE, in consideration of the premises and mutual covenants containedherein, the parties agree that:
I.O RECITALSINCORPORATED
I .1 The foregoing recitals are incorporated herein by reference as though fully set forth.
1.2 If there is a conflict between the terms and provisions of this AGREEMENT and theIEPA AGREEMENT, the terms and provisions of the IEPA AGREEMENT shallcontrol.
1.3 The headings ofthe paragraphs and subparagraphs ofthis AGREEMENT are insertedfor convenience or reference only and shall not be deemed to constitute part of theAGREEMENT or to affect the construction hereof.
2.0 TERM OF THIS AGREEMENT
2.1 Subject to the provisions of Section 2.2below, this AGREEMENT shall be in effecton June 18,2019 and shall expire on December 3 l, 2019 unless terminated sooner inaccordance with Section 12.0 of this AGREEMENT.
2.2 This AGREEMENT shall automatically renew on January 1,2020 and for two (2)successive years thereafter, subject to and contingent upon the IEPA, CITY andCOUNTY each appropriating adequate funding for their respective obligations foreach of the following annual terms under this AGREEMENT and, or, the 2018 IEPAAGREEMENT. In the event of a non-appropriation by any of those parties beforethe beginning of the fiscal year covering a successive renewal year, thisAGREEMENT shall term inate.
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3.0 SITE LOCATION, DESIGN AND CONSTRUCTION
3.1 At its sole expense, the CITY will maintain a site for the FACILITY at 156 Fort HillDrive Naperville, Illinois, 60540, property that is owned and maintained by the CITY.
J.L The FACILITY boundaries are those defined by the permit issued by the IEPA andall subsequent permit modifications.
J.J The CITY maintains a storage/containment building on the FACILITY site, meets allIEPA permit criteria set forth in 35 lll. Adm. Code 807,35 lll. Adm. code 8ll,AGENCY Permit Log No. 2002-175 and all subsequent modifications to such permit.
3.4 The CITY shall provide prominent signage at the FACILITY indicating that theCOUNTY is providing operational funding. Signage provided pursuant to this Sectionshall be subject to the COUNTY'S review and prior written approval.
3.5 If the IEPA AGREEMENT is terminated for any reason, this AGREEMENT shallimmediately be null and void and have no further effect. Upon termination of thisAGREEMENT, the CITY shall bill the COUNTY for that portion of the currentquarter up to the date of termination on a per diem basis. Further, the COUNTY shallnot be liable to make future quarterly payments hereunder unless the AGREEMENTis reinstated by mutual agreement of the CITY and the COUNTY.
4.0 HOURS OF OPERATION OF THE FACILITY
4.1 Except in cases of emergency, and except as otherwise provided in paragraph 19.1
below, the CITY shall provide two (2) HHW drop off days each week, those daysbeing Saturday and Sunday from 9:00 A.M. to 2:00 P.M. The FACILITY shall be
available on first come first served basis as determined by the capacity of theFACILITY.
4.2 The COUNTY shall work with the CITY in an effort to maximize the efficiency ofthe HHW FACILITY and to stay under the IEPA CAP.
4.3 Notwithstanding the provisions contained in Section 4.1 above, the FACILITY shallnot operate on New Year's Eveo New Year's Day, Easter Sunday, July 4th, ChristmasEve and Christmas Day or any other holiday that would cause a rise in the normal perhour labor rate.
4.4 The CITY shall not charge residents of DuPage County any fee for utilizing theFACILITY.
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5.0 TRANSPORTATION AND DISPOSAL CONTRACTOR
Pursuant to the 2018 IEPA AGREEMENT, the IEPA, shall provide ahazardous wastecollection firm (herein the CONTRACTOR) to safely collect, transport, and disposeof the HHW collected at the FACILITY as set fomh in the IEPA AGREEMENT.
In accordance with the IEPA AGREEMENT, the IEPA shall pay all fees incurred bythe CONTRACTOR in collecting, safely transporting and properly disposing of theHHW collected from the FACILITY. Notwithstanding the foregoing, this Agreementis subject to the IEPA CAP described herein.
5.3 The COUNTY shall not be responsible for the transport and/or disposal of the HHWcollected at the FACILITY.
6.0 ACCEPTABLE WASTES
6.1 The FACILITY shall accept HHW as defined in the 20l8IEPA AGREEMENT (perSection 6 of the 2018 IEPA AGREEMENT), or as amended by the IEPA'S agreementwith its CONTRACTOR, and may typically include such items as aerosol containers,corrosives, oxidizers, solvents, oil-based paints, inorganic poisonous solids, organicpoisons and pesticides F027-iike pesticides, household batteries, and fluorescenttubes.
6.2 It shall be the FACILITY's policy not to accept ammunition, explosives, radioactivematerials, non-special, non-contaminated wastes, including trash and non-hazardousdebris, potentially infectious medical waste, sharps and/or needles, radioactive orcontrolled medicines, and any wastes generated by businesses, institutions, industriesor agricultural, commercial or governmental facilities unless agreed to in writing bythe CITY and the IEPA. Copies of such agreements shall be submitted to theCOUNTY immediately, and no COUNTY funds can be used for such activities untilapproved by the COUNTY by amendment to this AGREEMENT.
7.0 PERSONNEL TRAINING
7.1 FACILITY personnel shall be CITY employees for all purposes and shall be trainedin accordance with the provisions of the 2018 IEPA AGREEMENT as modified fromtime to time.
8.0 COUNTY FUNDING OF CITY EXPENSES
Unless this AGREEMENT is terminated as provided herein, the COUNTY shall paythe CITY $100,000.00 each year this AGREEMENT is in effect for FACILITYoperational expenses related to HHW FACILITY services.
5.1
5.2
8.1
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8.2 If the CITY receives funds from other sources for FACILITY operational expenses,the CITY shall apply such donations to FACILITY reportable operational expenses.The CITY shall provide adequate documentation to the COUNTY that it has compliedwith this Section upon the request of the COUNTY.
8.3 The CITY shall submit documentation of reportable operational expenses.Documentation provided by the CITY shall itemize expenditures by type (i.e.personnel, training, supplies and other expenses directly related to FACILITYoperation) and shall be sufficiently detailed to allow the COUNTY to determineeligibility for release of payment.
8.4 Reportable operational expenses shall include, but not be limited to, purchase ofequipment/supplies necessary to operate the FACILITY, such as personal protectiveequipment, latex gloves, absorbent pads, labor costs, utilities, and other expensesdirectly related to the FACILITY'S operation.
8.5 During each subsequent renewal term as provided in Paragraph 2.2 above, the CITYshall submit reports that include the reportable operational expenses, volume of wastereceived and tallies of participation no less than quarterly. Upon receipt of an invoiceand the abovementioned reports, the COUNTY shall make four (4) quarterly paymentsoftwenty-five thousand dollars ($25,000) to the CITY for services provided, includingfor services provided during the preceding quarter. All invoices must be received nolater than December 3l't of each year this AGREEMENT is in effect. For calendaryear2019, upon receipt of an invoice from the CITY issued on or about August 1,
2019 and December 1,2019, the COUNTY shall make payments of fifty thousanddollars ($50,000.00) per invoice for HHW services rendered in2019. Payments fromthe COUNTY shall be remitted within thirty (30) days of invoice.
9.0 STATISTICAL REPORTING
9.1 The CITY shall provide to the COLINTY statistics including but not limited to thenumber of service days, number of cars per operational day, the amount of householdhazardous waste collected and a breakdown of resident participation by COUNTY andCity of Naperville.
IO.O PARTIES'LIABILITY
l0.l The CITY shall be solely liable for any and all damages or cleanup costs resultingfrom spills or release of wastes, fires, or explosions which result from any activitycaused by, or arising out of, or occurring in connection with the CITY'S employees'unloading, bulking, lab packing, and placement of HHW in the storage building.
10,2 The CITY shall defend the COUNTY or any of its officers, board members,employees, agents, or assigns against any claims arising from or related to theoperation of the FACILITY.
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Additionally, the CITY shall indemnify, hold harmless, and defend the COUNTY orany of its officers, board members, employees, agents or assigns from and against allliability, and including but not limited to, claims, demands, and causes of actionarising out of or related to any loss, damage, injury, death, or loss or damage toproperty resulting from the CITY'S performance of this AGREEMENT to the fullestextent the CITY is so authorized under the law.
The CITY shall provide legal counsel pursuant to the indemnity, hold harmless anddefense provisions of this Contract. Pursuantto Illinois law,55 ILCS 5/3-9005, anyattorney representing the COUNTY under this Agreement is to be appointed a SpecialAssistant State's Attorney, as provided in 55 ILCS 5/3-9008, and said counsel shallbe approved by the State's Attorney's Office. Nothing contained herein shall beconstrued as prohibiting the COLINTY, its officials, directors, officers, agents andemployees, from defending through the selection and use of their own agents,attorneys and experts, any claims, suits, demands, proceedings and actions broughtagainst them. The COUNTY's participation in its defense shall not remove CITY'sduty to indemnify, defend, and hold the COUNTY harmless, as set forth above.
10.3 The COTINTY shall not be liable for any damages, regardless of cause, to the storagebuilding.
10.4 Except for any negligent or willful act on the part of CITY employees, the AGENCYandlor its CONTRACTOR shall be solely liable for the HHW at the FACILITY fromthe time the HHW is correctly and properly placed in the storage building inaccordance with the AGENCY and CONTRACTOR specifications.
10.5 The IEPA shall become and remain the generator of record and take title to all HHW,including F027 designated wastes, collected at the FACILITY, from the time eitherthe IEPA or its CONTRACTOR sign the completed Uniform Hazardous WasteManifest for such waste. The COLINTY shall not assume generator status as to any ofthe HHW.
I I.O PUBLIC INFORMATION PROGRAM
I 1.1 The CITY and the COLINTY will coordinate simultaneous advertising regarding theavailability of the FACILITY for residents of DuPage County.
12.O TERMINATION
12.1 This Agreement may be terminated at any time, for any reason, by either party, by thedelivery to the other party of thirty (30) days written notice. Upon termination of thisAgreement, the COUNTY shall be entitled to a pro-rated refund of its annual fee forthe remainder of the year the FACILITY would not be available to the COUNTY, lessany costs associated with the termination of this Agreement as deemed necessary bythe CITY.
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I3.O MISCELLANEOUS
13.1 The parties agree that the waiver of or failure to enforce, any breach of thisAGREEMENT by the remaining party shall not be construed, or otherwise operate,as a waiver of any future breach of this AGREEMENT. Further the failure to enforceany particular breach shall not bar or prevent the remainingparty from enforcing thisAGREEMENT with respect to a different breach.
I4.O ENTIRE AGREEMENT
l4.l This AGREEMENT represents the entire AGREEMENT between the parties withrespect to the operation of the FACILITY and supersedes all previouscommunications or understandings whether oral or written.
I5.O NOTICES
15.1 All notices required to be given under the terms of this AGREEMENT shall be inwriting and either (a) served personally during regular business hours; (b) served byfacsimile transmission during regular business hours; or (c) served by certified orregistered mail, return receipt requested, properly addressed with postage prepaid.Notices served personally or by facsimile transmission shall be effective upon receipt,and notices served by mail shall be effective upon receipt as verified by the UnitedStates Postal Service. Each party may designate a new location for service of noticesby serving notice thereof in accordance with the requirements of this Paragraph, andwithout compliance with the amendment procedures set forth in Paragraph 16.1 below.
15.2 Any notice required hereunder shall be deemed properly given to the party to benotified at the time it is personally delivered or mailed by certified mail, return receiptrequestedo to the party's address. The address of each party is as specified below; eitherparty may change its address for receiving notices by giving notice thereof incompliance with the terms of this subsection.
FOR THE CITYCity ManagerCity of Naperville400 South Eagle Street Naperville, IL 60540Facsimile: (630) 420-6083
FOR THE COUNTYDuPage CountyDirector of Public Works & Operations421 N. County Farm Road
Wheaton, IL 60187Facsimile: (630) 407 -6702
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I6.0 AMENDMENT OR MODIFICATION
16.l Except as otherwise provided herein, no modification or amendment to thisAGREEMENT shall be effective until approved by the parties in writing.
17.O NON-ASSIGNMENT
17.l Neither party shall assign this AGREEMENT without the written consent of the otherparty, which consent shall not be unreasonably withheld.
17.2 The venue for resolving any disputes concerning the parties' respective performance,or failure to perform, under this AGREEMENT, shall be the l8th Judicial CircuitCourt for DuPage County.
I8.O GOVERNING LAW
1 8.1 The laws of the State of lllinois as to both interpretation and performance shall governthis Agreement.
19.0 CAP PROVISION
l9.l Notwithstanding any other provision herein, if the CITY determines that measuresneed to be taken to avoid exceeding the IEPA CAP, the CITY shall contact theCOIJNTY to discuss options to prevent exceeding the IEPA CAP and shall use goodfaith efforts to maintain the services described herein. However, if the CITYdetermines that appointment-based drop-offs at the FACILITY, and/or reduction orelimination of services and/or hours of operation at the FACILITY are necessary inorder to avoid exceeding the IEPA CAP, the City shall give not less than fourteen ( I a)days'notice to the COUNTY of such action(s). In the event the CITY receives noticefrom the IEPA regarding any change to the amount or availability of funds the IEPAwill provide for the collection and disposal of household hazardous waste at theCITY'S HHW Facility, the CITY shall forward such notice to the COLTNTY withinone-business day. If the CITY determines that termination of all services at theFACILITY is necessary in order to avoid exceeding the IEPA CAP, the City shall givenot less than fourteen (la) days' notice to the COUNTY of such action. The CITY'sfinal bill to the COUNTY shall be apportioned on per diem basis through the date oftermination. Further, the COUNTY shall not be liable to make future quarterlypayments hereunder unless the AGREEMENT is reinstated by mutual agreement ofthe CITY and the COUNTY.
19.1.1 Notwithstanding any other provision herein, if the IEPA suspends or terminates theIEPA AGREEMENT with the CITY under a provision in said IEPA AGREEMENTwhich provides that IEPA notice of suspension or termination is effective upon theCity's receipt thereof; the CITY shall have the right to immediately close theFACILITY. If such closure occurs, the CITY shall notify the COLINTY within not
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less than twenty-four (24) hours thereof. The CITY's final bill to the COUNTY shallbe apportioned on per diem basis through the date of termination or suspension.Further, the COUNTY shall not be liable to make future quarterly payments hereunderunless the AGREEMENT is reinstated by mutual agreement of the CITY and theCOUNTY.
2O.O EFFECTIVE DATE.
20.1 The Effective Date of this AGREEMENT shall be June 18,2019
THE PARTIES TO THIS AGREEMENT by their signatures acknowledge they have read andunderstand this AGREEMENT and intend to be bound by its terms.
CITY OF NAPERVILLE OF
B c.Steve ChiricoMayor
Pam Gal Ph.D.C
J. CroninDuPage County Chairman
ATTES
Date: 7nt1
ATT T
By
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J KaczmarekCounty Clerk
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