(A) The franchisee shall dispose of solid waste collected at a site authorized by law, and recover resources from the solid waste in compliance with O.R.S. Chapters 459 and 459A and any rules or regulations adopted pursuant to such statute.
(B) The franchisee shall provide sufficient collection vehicles, containers, facilities, personnel and finances to provide all types of necessary service and solid waste management service; but where necessary, the franchisee may subcontract with others to provide certain types of specialized service in accordance with the provisions of this chapter.
(C) Except as otherwise provided, all vehicles used by franchisee in the collection or transportation of waste shall be equipped with a metal body of the compactor type that is considered of a type for normal best practices for waste management industry standards. If a franchisee uses a specialty designed motorized local collection vehicle for transporting solid waste over short distances from residential or commercial stops to waiting trucks, the container portion of such vehicle shall be equipped with a cover, adequate to prevent scattering of the load. If any pickup truck or open bed truck is used by a franchisee, the load shall be covered with an adequate cover to prevent scattering of the load. All vehicles shall be operated in conformity with all ordinances of the city. All vehicles shall be properly licensed, registered, and equipped in compliance with the motor vehicle laws of the State of Oregon.
(D) Each franchisee shall make collections of solid waste throughout the business areas of the city as required by the City Council and at least weeklycollections in all of the residential districts of the city in accordance with the service areas established herein. The collection of offensive or wet solid waste in the business districts shall be completed by the hour of 11:00 a.m. on each collection day. In the event a legal holiday falls on normal collection days, the franchisee shall have the option to collect the solid waste from all commercial establishments having solid waste which may become foul or offensive by being kept over the ensuing holiday, between the hours of 5:00 p.m. and 8:00 p.m. on all days which precedes the legal holiday or to collect the solid waste on the holiday. In addition to the foregoing, each franchisee is to respond to all calls for special hauling within three days from the date of receiving the call. Each franchisee shall perform all of such work under the supervision and to the satisfaction of the city and agrees that the franchisee will comply with all of the solid waste regulations of the city, Washington County and the State of Oregon.
(E) The franchisee shall submit to the city an annual financial report, rate review and a written report on the company’s activities during the reporting period. The written report shall include a synopsis of the operating year, a description of the measures they have taken in the preceding year to make their operation more efficient, a listing of the efficiency measures, which the franchisee proposes to take in the next year, and such other information as requested by the city. All information shall be on a calendar year basis and shall be submitted to the city no later than May 15 of each year.
(F) Each franchisee shall provide the opportunity to recycle in accordance with O.R.S. 459A.005 through 459A.085 and O.R.S. 459.250. In addition, each franchisee shall comply with any and all statutes adopted by the Oregon legislature relating to recycling and waste reduction and with rules and regulations adopted by the Department of Environmental Quality. The City Council may adopt regulations and policies from time to time setting forth conditions for recycling services to be provided by the franchisee (Appendix A).
(G) Franchisee agrees and covenants to indemnify, defend and hold the city, its officers, agents and employees, harmless from any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and attorney fees or expenses, arising from any casualty or accident to person or party by reason of any act done under this franchise, by or for franchisee, its officers, agents or employees, or by reason of any neglect or omission of franchisee to keep its equipment or operating system in safe condition. Franchisee shall consult and cooperate with the city while conducting its defense of the city.
(1) Franchisee also hereby agrees to indemnify the city for any damages, claims, additional costs or expenses assessed against or payable by the city arising out of or resulting, directly or indirectly, from franchisee's failure to conduct its business operations in accordance with federal, state or local laws government such operation, unless franchisee's failure arises directly from the city's negligence or willful misconduct.
(H) The franchisee shall maintain public liability and property damage insurance that protects the franchisee and the city and its officers, agents, employees, and if applicable, the recycling district designated by the city from any and all claims referred to in divisions (G) and (G)(1) above. This insurance shall include personal and advertising injury liability, products and completed operations. Coverage may be written in combination with automobile liability insurance (with separate limits). Coverage shall be written on an occurrence basis combined single limit per occurrence shall not be less than $1,000,000. Each annual aggregate limit shall not be less than $2,000,000. The franchisee shall obtain, and keep in effect commercial automobile liability insurance covering all owned, non-owned or hired vehicles. Single limit per occurrence shall not be less than $1,000,000. The limits of insurance shall be subject to statutory changes as to the maximum limits of liability imposed on municipalities of the State of Oregon during the term of the franchise.
(1) The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insured the city and its officers, agents and employees. Notwithstanding the naming of the additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer’s liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The coverage must apply as to claims between insureds on the policy.
(2) The insurance shall provide that the insurance shall not be canceled or materially altered without 30 days written notice first being given to the City Auditor and the Bureau of Environmental Services. If the insurance is canceled or materially altered within the term of this franchise, franchisee shall provide a new policy with the amounts required, for the duration of the franchise.
(3) The franchisee shall maintain on file with the City Recorder a certificate of insurance certifying the coverage required above. The adequacy of the insurance shall be subject to the approval of the City Attorney as directed by the City Council. Failure to maintain liability insurance shall be cause for conditional forfeiture of this franchise by the city.
(a) The alternative to providing a certificate of insurance to the city, certifying liability insurance coverage as required above, franchisee may provide the city with a statement regarding its self-insurance. Franchisee's self-insurance shall provide the same amount and scope of protection for its officers, agents and employees, as otherwise provided under this section. The adequacy of the self-insurance under the terms of the section shall be subject to the City Attorney's review and approval as directed by the City Council. Failure to maintain adequate self-insurance under this paragraph shall be cause for conditional forfeiture of this franchise by the city.
(I) The franchisee shall perform services consistent with the city's duties under the Washington County Wasteshed Waste Reduction Intergovernmental Agreement.
(Ord. 2007-11-02, passed 11-13-2007; Ord. 2010-04-01, passed 5-13-2010; Am. Ord. 2012-11-01, passed 11-13-2012)