4-1-5: COLLECTION OF REFUSE:
   A.   Mandatory village refuse removal is required for all residential units in the village with the exception of multi-family units that have common trash collection areas.
   B.   Collection Schedule:  Use, Placement and Removal of Containers:  The contractor shall provide weekly collection of garbage and refuse for all occupied units within the village.  All garbage and refuse as herein defined that is designated for collection and disposal here under must be placed in the provided carts.  Additional refuse material must be contained and may be placed in covered cans or containers not to exceed thirty (30) gallons in capacity with a maximum weight for any one container and its contents not to exceed fifty (50) pounds.  The minimum can or container shall not be less that fifteen (15) gallons.  Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty (30) gallons capacity and are fifty (50) pounds or less in weight.  Cans, containers and/or heavy-duty bags must be placed at the curb or roadway.  No refuse which is to be deposited for collection at any curb shall be so placed more than twenty four (24) hours prior to the collection day, and no container shall remain at the curb twenty four (24) hours after said collection.
   C.   Yard Waste Collection: "Yard waste" as herein defined, will be collected once per week on the same day as the garbage from April 1 through November 30 each calendar year.  The village may request that the contractor collect yard waste for up to ten (10) days beyond the November 30 date in the event that leaf collection efforts by the village have not been completed.  All yard waste materials must be placed in placed in "Kraft" paper bags designed and sold specifically for the collection and disposal of yard waste.  Yard waste placed in plastic bags or ridged containers will not be accepted.  The contractor will make available for rent or purchase ninety six (96) gallon carts to homeowners for the purposes of disposing of yard waste.  The rental fee will be four ($4.00) per month with a one year minimum rental agreement.  The contractor shall be solely responsible for the billing and collection fees from the homeowners that agree to rent the cars.
   Branches and brush will also be collected and the material must be bundled and tied with string or twine (not wire).  Branches must be cut into lengths of four feet (4') or less, and each branch should be no longer than four inches (4") in diameter.  Each bundle must not weigh more than fifty (50) pounds.
   All yard waste items placed out for collection by residents must be at the curb or roadway by six o'clock (6:00) A.M. on the designated collection day.
   "Bulk Items", One bulk item as herein defined will be collected from residential units at no additional cost to the resident.  Carpeting will be accepted as a bulk item provided that it is cut and rolled into four foot (4') lengths and properly secured.  Each roll should not weigh more than fifty pounds (50 lbs.).  Up to eight (8) rolls of carpeting and padding will be accepted for collection as a bulk item.  Individual will be responsible to contact the contractor and make arrangements for collection of additional bulk items on an individual bases.
   D.    Village Collections:
      1.   Every occupant, person or owner in possession of private or commercial premises in the village shall be required to have accumulation of refuse removed and disposed of.  All items placed out for collection by residents must be at the curb or roadway by six o'clock (6:00) A.M. on the designated collection day.  All materials placed out for collection must be at least three feet (3') from the curb and the materials must be readily accessible to the contractor.  The contractor shall handle all carts, cans, and containers with reasonable care to avoid damage and attempt to replace them in the same upright position on the parkway or roadway where the containers were initially placed.  In the event the contractor cannot accept certain items, the contractor will utilize a dedicated communication mechanism to inform the residents as to the reason why the material was not accepted.
   E.   The telephone number of the contractor and a vehicle identification number shall appear on both sides of all trucks used for pick up. These numbers shall not be less than three inches (3") in height and must be clearly visible at all times.
   F.   It is understood and agreed upon that the work performed hereunder shall be done in a thorough and workmanlike manner and that any questions or disputes relating to this work be handled by the contractor. Any and all complaints must be given prompt and courteous attention by the contractor and in the case of any missed scheduled collections, the contractor shall arrange for pick up within twenty four (24) hours after the complaint has been received.
   G.   The contractor will indemnify, defend, save, and hold the village of Shorewood together with its officers, officials, employees and agents, free, harmless, and indemnified against any and all claims, suits, damages, costs (including, but not limited to, reasonable attorney fees) or causes of any kind or nature whatsoever, hereafter which occur or arise out of the ownership, maintenance, use, operation, or control of any vehicle owned, maintained, controlled, or used by the contractor and/or arising out of contractor's pick up and/or disposal of garbage and refuse.
   H.   The contractor agrees that at its own cost and expense it shall do all work, furnish all materials and equipment and all labor necessary to complete the work required of it in accordance with the terms of these specifications. The contractor hereby acknowledges that it is familiar with the village of Shorewood and its roads, alleys, and dwellings. The contractor shall not be responsible for any damage to pavement, subsurface or curbing, resulting from the contractor's provision of services hereunder unless such damage is the result of the contractor's or its employee's or agent's negligence, reckless or intentional acts.
   I.   If the contractor becomes insolvent, or at any time fails to perform and comply with his obligations hereunder, or fails in any way to perform his obligations with the promptness, diligence, and in a workmanlike manner, and the village delivers or sends by certified mail a notice to the contractor specifying the manner in which the contractor has failed to perform or comply with his obligation and the contractor fails to perform and comply with said obligations within thirty (30) days after receipt of the notice, the village shall have right to provide any such labor, equipment, and materials and/or terminate the employment of the contractor and to employ any other person or persons to perform contractor's work hereunder. In case of such discontinuance of the employment of the contractor, the contractor shall not be entitled to receive any further payment under the contract and the contractor shall pay to the village of Shorewood the amount by which the cost to complete and finish the contractor's obligations exceeds the unpaid balance of the contract. The termination of the contractor's employment as provided above shall not be deemed a release of contractor's obligations hereunder.
   J.   In the event that the contractor fails to perform any of his obligations at the time required and as a result thereof the village incurs attorney fees and court costs, then the contractor shall pay the village's attorney fees and court costs.
   K.   The contractor shall have available for use throughout the term, a sanitary landfill site or incinerator, a recycling facility, and compost facility and all other required facilities fully permitted by all applicable governmental entities including the IEPA, suitable for the disposal of all refuse, yard waste and leaves collected under the terms of the contract.
   L.   The contractor certifies and acknowledges that it is an independent contractor and not an agent or employee of the village.
   M.   Any and all prior agreements, documents and discussions are superseded by the contract and shall be considered nonbinding upon the parties.
   N.   Residential refuse, recycling and yard waste containers or bags shall not be stored or kept in the area bounded by the street, side lot lines and the principal structure for a period of time longer than twenty four (24) hours before and/or after the weekly scheduled pick up. (Ord. 14-1719, 1-28-2014; amd. Ord. 16-1817, 8-9-2016; Ord. 19-1954, 10-22-2019)