This is a Letter of Understanding by and between the Board of Trustees of Washington Township, Montgomery County, Ohio, 8200 McEwen Road, Washington Township, Ohio, 45458, (hereinafter "Township") and Rumpke Waste Inc. (hereinafter "Waste Hauler").
FOR THE PURPOSE OF THIS LETTER OF UNDERSTANDING, THE FOLLOWING DEFINITIONS SHALL APPLY:
1. BOARD
The Board of Trustees of Washington Township, Montgomery County, Ohio.
2. BULKY ITEMS
All items discarded from a household such as mufflers, tail pipes, furniture, springs, mattresses, stoves, ranges, refrigerators, dishwashers, washers, dryers, hot water tanks, toys, porcelain, leather and rubber products, lawn furniture, swing sets that are broken down into manageable pieces, and like items. "Bulky Items" does not include hazardous waste, petroleum products, large carpeting pieces, dirt, tree limbs exceeding two inches in diameter and four feet long, stone, auto parts such as tires, bodies, fenders, hoods, seats, motors and transmissions, construction materials such as dry wall, concrete block, linoleum, and floor tiles, etc.
3. COMMINGLED
All types of recyclable items – glass, metal and aluminum cans and plastic are placed in a single container.
4. CURB SIDE PICK UP
The removal of all waste deposited in containers placed on the outside of any fence or barrier within ten (10) feet of the curb or, if no curb, the right-of-way of each street or roadway in front of a residence within the unincorporated area of the Township.
5. EMPLOYEE
Any driver or assistant of the trash hauler working with or on collection and transportation.
6. LAWN CLIPPINGS
Grass, leaves, and miscellaneous vegetation which cannot be bundled.
7. PREFERRED PROVIDER
Any waste hauler signing this Letter of Understanding who honors the conditions stated herein.
8. RESIDENT
Any occupant of a single family residence within the unincorporated area of the Township.
9. SPECIAL ITEM
Those items not included in "bulky items" that require unique disposal costs (i.e. tires)
10. TOWNSHIP
The entire unincorporated area known as Washington Township, Montgomery County, Ohio.
11. WASTE
All forms of garbage and rubbish excluding lawn clippings, brush, branches and tree limbs, bulky items and hazardous waste.
THE PARTIES TO THIS LETTER OF UNDERSTANDING HEREBY AGREE AS FOLLOWS:
- The Waste Hauler shall pick up waste from residences in the township not less than one time each week. Such services shall be performed on a regular schedule between the hours of 6:30 A.M. and 7:00 P.M., Monday through Friday with the exception of holiday rescheduling when Saturday pick up may be required. If regularly scheduled collections are missed, it shall be the responsibility of the Waste Hauler to promptly reschedule such collections within one working day after the notification of missed collection.
- The Waste Hauler shall require its employees to perform all work in a neat and quiet manner so as to not damage containers. The Waste Hauler shall be required to place all lids on containers after they have been emptied and to return the containers to their point of original pick-up.
- The Waste Hauler shall support the Township's "lawn clipping suppression" program by furnishing 32-gallon plastic bags to individual residents that elect to put this material out for removal. The Waste Hauler is authorized to charge for this service at a rate of up to $1.25 per bag. The Waste Hauler will deliver bags to residents in minimum lots of 25 per dispenser (with ties) or the residents may purchase bags at the Waste Hauler's office in quantities of any amount. The Waste Hauler will not be required to remove the resident's lawn clippings unless it is contained in the Waste Hauler's special bag marked "YARD-WASTE ONLY".
- The Waste Hauler shall provide a commingled curbside recycling program to allow for the collection and recycling of glass, metal and aluminum cans, and plastic waste items.
- The Waste Hauler shall provide for the pick up of brush, branches and tree limbs tied in bundles no longer than four feet in length and two feet in diameter with no limb being greater than two inches in diameter. No bag fee (as per B, 3 above) shall be required for these bundles, however, waste haulers may establish limits on the number of bundles per week.
- The Waste Hauler shall provide Christmas tree pick up service as part of normal service.
- The Waste Hauler shall provide one bulky item pickup per calendar year (at no additional charge) upon the request of the customer. The Trash Hauler shall provide said free bulky item pick up within thirty (30) days of the request. Furthermore, the Waste Hauler shall be required to offer additional bulky item and special item pick up services on an established fee basis. Said free bulky item pick-up shall be limited to three bulky items.
- The Waste Hauler shall provide a list of all special services and fees for such services available to Washington Township residents on Attachment "A".
- The Waste Hauler shall perform all work detailed by this Letter of Understanding and shall at all time comply with all laws, ordinances, statutes and regulations applicable to the performance of the work detailed by this Letter of Understanding. Further, the Waste Hauler shall comply with and abide by any orders, rules or decrees issued by any tribunal or body having jurisdiction or authority over the Waste Hauler.
- The Waste Hauler specifically agrees to indemnify and to hold the Board harmless from any and all claims, liability, judgments, damages, losses, costs and expenses of any nature whatsoever (including reasonable attorney fees and court costs) arising out of or in any way related to this Letter of Understanding, the performance of this Letter of Understanding, and the operation of its business.
- The Township agrees to consider the Waste Hauler a "preferred provider". The name of preferred providers will be given to residents requesting such information and will be distributed in some editions of the Washington Township Quarterly Newsletter.
- Since solid waste policies and disposal fees are in a state of flux, the Waste Hauler and Township understand that the "letter" may require amendment in the future.
- The Waste Hauler and Township agree that either party can remove itself from the conditions of this Letter of Understanding with thirty (30) days written notice.
March 23, 1992 TOWNSHIP
Washington Township Board of Trustees
Montgomery County, Ohio