[Ord. No. 128,
§ 12, 4-18-2005]
It shall be unlawful for any person, firm, partnership, corporation, association or other business entity to collect or haul garbage, rubbish, refuse or waste deposited for collection in accordance with articles II and III of this chapter unless the hauler is authorized by resolution of the township board.
[Ord. No. 128,
§ 13, 4-18-2005]
The authorized waste hauler shall, at its sole cost and expense,
fully indemnify, defend and hold harmless the township, its board
members, officers, boards, commissions and employees against any and
all claims, demands, suits, judgments, executions, liability, expense,
debt, damages or penalty whatsoever, or any amount paid in compromise
thereof (including but not limited to expenses for reasonable legal
fees and disbursements and liabilities assumed by township in connection
therewith), arising out of or connected with the performance of waste
hauling activities.
[Ord. No. 128,
§ 14, 4-18-2005; Ord. No. 128-01, § 2, 10-15-2007]
(a)
Required. An authorized waste hauler shall, at its sole cost and expense, obtain and maintain during the life of the contract, a corporate surety bond with a United States surety company authorized to do business in the State of Michigan and found acceptable by the township attorney, in the amount of $750,000 to guarantee full performance of its obligations and faithful adherence to all requirements of these articles II and III of this chapter and all terms of any contract entered into with the township. The authorized waste hauler shall provide this corporate surety bond to the township at least 30 days prior to commencement of its duties pursuant to its contract with the township.
(b)
Rights reserved. The rights reserved to the township with respect to the bond are in addition to all the rights of the township, whether reserved by these articles II and III of this chapter, terms of the contract, or authorized by law; and no action, proceeding or exercise of a right with respect to such bond shall affect any other right the township may have.
(c)
Required endorsement. The bond shall contain the following endorsement:
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"It is hereby understood and agreed that this bond may not be
canceled by the surety nor any intention not to renew be exercised
by the surety until 60 days after receipt by the Township by registered
mail, a written notice of such intent to cancel or not to renew."
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Receipt of the sixty-day notice shall constitute a material
breach of any contract entered into between the waste hauler and the
township, granting the township the right to call in the bond.
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[Ord. No. 128,
§ 15, 4-18-2005]
A sealed competitive bid procedure shall be utilized for the
selection of an authorized waste hauler. The township board shall
develop and approve the bid specifications. The board may include
in the bid specifications those requirements, conditions and specifications
determined by the board to be reasonable related to:
(1)
Promoting and protecting the public health, safety and welfare;
(2)
Providing appropriate services to single family residential sites
with the township;
(3)
Promoting the general understanding of and need for resource recovery,
recycling and composting;
(4)
The collection and disposal of solid waste, recyclable material and
yard waste from all single family residential sites;
(5)
A household hazardous waste collection and disposal program;
(6)
The rates and charges for the services of the authorized waste hauler
for residential dwelling units within the township;
(7)
Procedures for the collection of rates and charges for services rendered
or to be rendered to each residential dwelling unit by the authorized
waste hauler;
(8)
A contractual obligation to provide collection and disposal service
to residential dwelling units as requested at the rates and charges
specified;
(9)
The submission of reports describing the volume of solid waste, recyclable
materials and yard waste generated in the township and the location
of sites of generation, as well as other reports required by the board
to determine the efficiency and effectiveness of the proposed waste
hauler collection and disposal program;
(10)
Provisions for the termination by the township of the waste hauler
in the event of the failure of the performance of the waste hauler;
(11)
The rights of the township in the event of a breach of contract by
the waste hauler;
(12)
Operational specifications for collection trucks and equipment, number
of employees, maintenance facilities, container handling, schedules
and routes, and citizens complaints;
(13)
The right of the township to inspect the record and operations of
the waste hauler;
(14)
A provision for a multi-media informational program with respect
to resource recovery, recycling and composting;
(15)
A requirement that the waste hauler comply with applicable federal
and state laws, ordinances, as well as rules and regulations related
thereto;
(16)
A requirement that the waste hauler secure and maintain in good standing
all permits and licenses required by federal and state law, local
ordinance, as well as rules and regulations related thereto;
(17)
Other miscellaneous requirements and provisions as may be specified
by the township board, including but not limited to, dumpster service
at municipal buildings and facilities, a recyclable material drop-off
center and spring clean-up assistance.
[Ord. No. 128,
§ 16, 4-18-2005]
(a)
Insurance required. Any waste hauler hired by resolution of the township
board shall at all times or for the term of the contract carry public
liability, property damage, workers compensation and vehicle insurance
in the form and amount set forth below. All insurance shall provide
for a sixty-day notice to the township in the event of a material
alteration or cancellation of coverage prior to the effective date
of such alteration or cancellation. Failure to provide or maintain
insurance shall render any contract entered into between the township
and waste hauler null and void. Insurance requested herein shall be
provided by an insurance company(s) licensed to conduct business in
the State of Michigan with a current rating no less then "A" by A.M.
Best Company and shall be approved by the township and township attorney.
The authorized waste hauler shall procure and maintain during the
life of the contract the following:
(1)
Workers compensation insurance in accordance with all applicable
statutes of the State of Michigan. Coverage shall include employer's
liability coverage.
(2)
Commercial automobile liability coverage, including Michigan
no-fault coverage for all vehicles used in the performance of the
contract. Limited liability shall not be less than $1,000,000 per
occurrence combined single limits bodily injury and property damage.
Commercial automobile liability coverage must include coverage for
all autos, owned, non-owned and hired.
(3)
Commercial liability coverage, not less than $1,000,000 per
occurrence; $1,000,000 general aggregate; $1,000,000 personal and
advertising injury; $1,000,000 products/completed operations aggregates;
$500,000 fire damage to real property; $5,000 medical payments. Coverage
shall not exclude contractual liability, explosion, collapse or underground
hazards.
(4)
Umbrella liability, not less than $5,000,000 each occurrence
and $5,000,000 general aggregate. Coverage shall be umbrella form
and not excess insurance. Pollution liability shall be included in
coverage.
(5)
Pollution liability coverage, occurrence or claims made forms
are acceptable with limits not less than $2,000,000 each occurrence/aggregate
or $2,000,000 general aggregate/per project. Coverage shall include
clean-up costs, on and off the site including transportation, and
liability to third parties.
(b)
Additional insured. The township shall be named as an additional
insured on all policies. The authorized waste hauler shall provide
the township with a certificate of insurance evidencing such coverage
upon the effective date of the contract and maintain on file with
the township a current certificate throughout the term of the contract.
(c)
Proof of insurance. The authorized waste hauler shall supply a copy
of all insurance policies required under this section no later than
30 days prior to commencement of its duties pursuant to the contract
with the township.
[Ord. No. 128,
§ 17, 4-18-2005]
[Ord. No. 128,
§ 18, 4-18-2005]
Any person, firm or corporation who violates any of the provisions of articles II and III of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty of not to exceed $500, or imprisonment in the Macomb County Jail for a period not to exceed 90 days, or by both such fine and imprisonment.
