The operation and administration of this chapter shall be under the direction of the Township Board.
(A) Enforcement. It shall be the duty of the Supervisor of the township, through his or her proper agents and officers to enforce the provisions of this chapter, and to make rules and regulations for the administration of the same.
(B) Township contract for solid waste collection authority of township to contract for solid waste collection. Whenever in the judgment of the Township Board such action may be necessary or advisable, they may determine to have the township enter into a contract or contracts and to grant a license or licenses to persons as they may deem best able to collect solid waste, separated between recyclable and nonrecyclable materials, in the township in accordance with the best interest of the township and its citizens. The contract shall be for such terms as they may determine, but not to exceed in any instance five years for a non-exclusive contract and two years for an exclusive contract, and such contract may be, but need not be, exclusive, and the Township Board may authorize the making on the part of the township of one or more contracts and if they determine it necessary, may limit the contract to a certain part of the township, or to certain types of premises, such as residential, commercial, industrial and the like.
(C) Contract; award by Board; basis. The contract or contracts shall be awarded on a competitive basis, and the Board shall be responsible for the control of letting and making such contract or contracts. The procedures established by the township policies and all ordinances in connection with the awarding of contracts shall be observed.
(D) Contract; bond requirements. Each person entering into a contract with the township for the collection and disposal of solid waste shall furnish the township with a performance bond in an amount established by the Township Board and in such form as may be approved by the Township Attorney, which bond shall be signed by an approved corporate surety authorized to do business in this state and which bond shall be conditioned on the satisfactory performance of all obligations assumed under the particular contract, and further conditioned on the due observance during the term of the contract of all laws of the state or ordinance, of the township and all legal rights of all persons who are served by or injured by the contractor.
(E) Contract; insurance requirements.
(1) Each township contractor shall procure and maintain during the life of the contract, owner’s and contractor’s protective public liability and property damage insurance, in the name of the township, in an amount not less than $3,000,000 for injuries, including accidental death, to each person; and subject to the same limit for each person, in an amount not less than $3,000,000 on account of each accident, and $1,000,000 aggregate for damage to property.
(a) The insurance includes motor vehicle exposure and specific coverage, by endorsement, as required by the Supervisor.
(b) Each township contractor shall deposit with the Clerk certificates of insurance indicating this coverage prior to the execution of the contract.
(2) The township may require of township contractors other bonds and insurance, including worker’s compensation insurance, to insure the township that the obligations of the contractor will be sufficiently performed and/or discharged and to protect the township in the event that they are not.
(F) Contractor’s license; issuance. The Township Clerk shall issue to the contractor immediately after the execution of the contract a license, without charge, to collect solid waste as required by the terms and conditions of the contract for the period of the contract.
(G) License and contract not assignable. No license or contract issued, granted or entered into, to any township contractor under the provisions of this chapter, shall be transferable, assignable or sublet without the express permission of the Township Board in the form of a resolution, unless otherwise provided in the contract.
(H) Frequency and extent. Except as otherwise provided in this chapter and other ordinances, and except in the case of an emergency arising from an act of God or under circumstances over which the Division of Public Services of the township or the township contractor has or had no control, solid waste shall be collected, removed and disposed of no less frequently than once each week from premises to be served by the township contractor.
(I) User charge. If the township enters into a contract pursuant to this section, a user charge shall be established by resolution of the Township Board and imposed on all residents of the township to be served by such contract reasonably calculated to defray the cost of providing the service. The charge shall be assessed to each resident, and the Township Board has the discretion to include the charge as part of the residents’ water and sewer billing. For all bills not paid when due and payable, a penalty of 5% of the amount of the bills shall be added thereto.
(Prior Code, § IX-1.02)