(A) The Town Council shall provide for the storage, collection and disposal of garbage and rubbish in said town, either by employees of said town or by contact with individuals, firms or corporations for such services.
(B) For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
GARBAGE. All and every refuse accumulation of animal, fish, fowl, fruit or vegetable matter that results from the preparation, use, cooking, retail or wholesale dealing in, or storing of meat, fish, fowl, fruit or vegetable and shall include garbage wrapped in paper or its equivalent. It shall further mean and include tin cans, glass, bottles and broken crockery which have been used as food or beverage holders, also old bottles, glass, china and crockery.
RUBBISH. Material other than garbage, resulting from ordinary household operations, including such items as tin cans, glass, bottles, ashes, papers, magazines and newsprints, boxes, rags, old shoes, small cartons and lawn cuttings and the like in covered containers or plastic bags. Burning barrels will not be emptied. Empty burning barrels will be taken if desired. Shrubbery and tree trimmings (no trees) are included; provided, said trimmings are tied in bundles, which lengths do not exceed three feet long and two feet in depth, nor less than one cubic foot. Excluded are such items as furniture, large boxes, articles or cans too large for a packer type truck; and all types of debris resulting from repairing or remodeling any building such as dirt, wood, plaster, roofing and the like.
(C) In the event said Town Council shall determine to contract for the collection and disposal of garbage and rubbish, then said Council, before advertising for bids, shall file with the Clerk-Treasurer of said town terms and conditions on which such bids shall be made, and such notice and bids shall be in form as prescribed by law, and in accordance with rules and regulations of the local and state Health Boards.
(D) The provisions of this section shall not apply to collection and disposal of industrial waste, but the successful bidder shall be permitted to make private contracts with industries for such services.
(E) In the event said Town Council shall enter into a contract for the collection and disposal of garbage and rubbish in said town, then no other private individual, firm or corporation shall be permitted to furnish such services in said town during the term of such contract.
(F) All business and residential garbage to be collected shall be placed for collection by the owners or producers thereof in water-tight covered receptacles not exceeding 20-gallon capacity and not to exceed 60 pounds in weight, the said receptacles to be placed conveniently for the collection at ground level, within five feet adjoining an improved and passable alley, where there is an alley or, if there is no alley, at an easily accessible spot within five feet of the front curb.
(G) All business and residential rubbish to be collected shall be placed by owners or producers thereof in secure, covered containers not to exceed 60 pounds in weight for each container; containers to be placed by building occupants for collection as specified above on collection days to be established by town and contractor. In event of any refusal on part of contractor’s employees to make a specific collection, a written report, including reason for rejection, affixed to the refuse with a copy delivered to Town Clerk-Treasurer and decision as to handling this or similar future circumstances shall be subject to Town Council judgment. The contractor shall be liable for special disposal of the offering, if it is so ordered by Council under the terms of this contract.
(H) Collection of all garbage and rubbish material provided for herein shall be made by contractor in steel, water-tight, non-leakable tanks, such as garb wood or leach packer bodies or equivalent, and said trucks shall be kept at all times in sanitary condition and well painted.
(I) All garbage and rubbish collected by the contractor shall be disposed of by the sanitary landfill method. The contractor shall furnish suitable site for sanitary fill, which site shall have the prior and continued approval of the state’s and county’s Boards of Health. If any emergency arises in connection with disposal operations, the contractor may, upon authorization by the Town Council and health authorities, dispose of collected garbage and refuse in a manner agreed upon between the contractor and the Council.
(J) The contractor shall make a collection of garbage and rubbish regularly once each week. In the event the contractor wholly fails to collect and remove or properly dispose of garbage or other materials herein provided for, in accordance with the terms of this contract, for a period of five days (strikes, act of God or other causes beyond the contractor’s control excepted), the town may, at its option, after 30 days’ written notice to contractor of specific complaint, terminate this contract.
(K) It shall be a condition of each garbage and rubbish contract that the town may at any time after the execution of such contract, and during the term of said contract, at its option, terminate the same upon a 30-day written notice to the contractor.
(L) The contractor shall furnish to the town a good and sufficient bond with surety or sureties thereon to be approved by the town in a sum equal to 10% of the annual amount, conditioned that the contractor shall well and truly perform the agreements and terms of this contract in accordance with these specifications.
(M) (1) Compensation. The contractor shall take out and maintain during the life of this contract, worker’s compensation insurance for all employees engaged in carrying out any work related to this contract. This insurance shall conform to the requirements set forth in the state’s Worker’s Compensation Act, being I.C. 22-3, approved 3-14-1929, and any amendments thereto.
(2) Public liability and property damage. The contractor shall effect and maintain in force during the term of this contract bodily injury and property damage insurance in amounts not less than $100,000 per person and $300,000 per occurrence, bodily injury, and $50,000 property damage.
(3) Certificate of insurance compliance. The contractor shall furnish to town a certificate of compliance with the foregoing insurance requirements. Failure to do so is cause for cancellation of the contract by the town.
(N) In all work performed, contractor expressly agrees to comply strictly with all town ordinances now in force or that may hereafter be adopted, applicable to contractor’s operation, to comply with and be subject to the order and regulations of the Board of Health and all other departments and agencies of town, and in all things to conform to and abide by the laws of the state.
(O) It is further agreed and understood that the consideration herein is based upon the removal of garbage and rubbish from approximately 1,900 residences, including mobile homes and multi-family, business, churches and schools, excluding industry, and should any territory be annexed to the town, a figure equal to the actual number of dwelling units therein on the basis of a physical count thereof, jointly made or caused to be made by the contractor and town, shall be added to the above figure upon the date that said annexation is complete and final, and compensation for the additional work shall be forthwith increased accordingly.
(Prior Code, Title V, Ch. IV, Art. I)