(a) On and after the first day of January, 1963, garbage, refuse, cans, brush , junk, and the like shall be collected by an authorized person or persons under the provisions of a contract and the rules and regulations as hereinafter provided.
(b) Such contract for the collection and removal of garbage and refuse shall be entered into only after duly advertising for bids for such service in accordance with the regulations hereinafter enacted and adopted and the Clerk-Treasurer is authorized and directed to advertise for bids in accordance with the laws of Ohio.
(c) The charges for the services to be rendered in the collection and removal of such refuse and garbage shall be determined for both residential and commercial stops on the basis of the bids therefor made by the successful bidder, as Council shall hereafter determine.
(d) The Village shall employ the successful bidder as its garbage and refuse collector for a period of one year from the date of any such contract. Such contract may be extended on a year to year basis after the expiration thereof, provided that in such event, either the Village or the successful bidder may terminate the contract upon giving written notice thirty days or more before the commencing of a new year thereunder.
(e) The following is established as the rules and regulations for the collection and disposition of such garbage and refuse, the charges therefor and the payment thereof, to-wit:
(1) The Village shall pay the collector/contractor for the satisfactory performance of his duties, the amounts as specified in the successful bid.
(2) The collection shall be paid as follows: An agreed amount per month, and at the end of a six months period, the parties to the contract shall then determine the number of residential and commercial stops actually made and an adjustment shall be made on the amount which the collector/contractor has been paid, which amount shall be revised upwards or downwards according to the numbers of actual stops.
(3) Commercial stops are hereby defined to be those such as restaurants, schools, automotive service stations, groceries, churches and the like, each of which have more than two twenty gallon containers to be picked up each week.
(4) Refuse to be collected hereunder shall be drained of surplus water before being deposited in containers. The contractor shall not be required to handle or collect refuse if any receptacle exceeds twenty gallons in capacity or 100 pounds in weight or if the receptacles have a ragged or sharp edge or any defect likely to injure or hamper the contractor or his employees in handling the same.
(5) Such receptacles shall be of metal or other durable material; shall be equipped with lids and handles on the sides thereof; and shall be placed either at the curb or in a duly designated alley of sufficient width, height and clearance to accommodate the equipment used by the contractor.
(6) The successful bidder/contractor shall remove all refuse and garbage collected by him in a vehicle which shall be kept completely covered at all times except when being loaded or unloaded and shall dispose of such refuse at times and places which shall not constitute a public or private nuisance or be dangerous to the public health. The contractor shall provide his own disposal site.
(7) The contractor/collector shall be liable for any damage done to refuse receptacles caused by unnecessary roughness in the handling thereof by the contractor/collector, his employees or agents.
(8) Any contract entered into by the Village shall contain a provision providing for the rescission thereof upon failure of the contractor to make collection calls regularly or to collect, remove or dispose of the refuse and garbage in a manner satisfactory to the Council, and in accordance with the laws of Ohio and this section.
(9) The contractor shall furnish a bond in the sum of five thousand dollars ($5000.00), conditioned for the faithful performance of all duties under the contract, and upon terms and sureties to the approval of Council.
(10) Provisions shall be made in any collection contract providing for liquidated damages due from the contractor for any period during which the Village may be without refuse collection services due to the default of the contractor. (Ord. 815. Passed 9-19-62.)