(A) Franchisee shall furnish all labor, equipment and supervision necessary to accomplish its full and satisfactory performance of the franchise. Franchisee shall use only personnel qualified to perform the work assigned and shall see that all work is performed in an efficient and workmanlike manner and in compliance with federal and state OSHA standards.
(B) EEO. Franchisee shall not discriminate against any employee or applicant for employment because of sex, race, religion, color, creed, handicap, national origin or ancestry. Franchisee shall post conspicuously a notice of its equal employment opportunity policy.
(C) Franchisee as independent contractor. Nothing in this franchise may be construed to create the relationship of employer and employee between franchisee or franchisee's employees or agents and Kill Devil Hills. Franchisee and any subcontractor employed by franchisee with Kill Devil Hills's consent shall comply with all minimum wage standards, worker's compensation, unemployment compensation and all other laws federal, state and local pertinent to its employees. Franchisee and any sub-contractor employed by franchisee with Kill Devil Hills' consent shall abide by all applicable local, state and federal laws and regulations pertaining to the activities carried on under this contract and to its employees and equipment used to fulfill the terms of this franchise. Franchisee shall take all actions necessary to ensure that any approved sub-contractor complies with all the requirements of this division.
(D) Franchisee's equipment. Franchisee shall maintain all trucks and equipment used in the performance of this contract in a reasonable clean condition and free of unpleasant odors by spray washing, disinfecting and steam cleaning.
(E) Designated contact person. Franchisee agrees to assign qualified personnel to be in charge of the service provided for by this franchise and agrees to provide the names of the personnel to the Town Administrator.
(F) Continuous service required. Franchisee agrees that in the event of equipment breakdown, strike or other occurrence which would delay or prevent timely performance of its obligations under the franchise it shall immediately take action necessary, including, but not limited to, replacement of equipment and personnel in order to assure prompt restoration of regular services and in any case before the next regular collection date.
(G) Excuse of performance. The performance of any obligation under this franchise may be temporarily suspended in the event that performance is prevented by a cause or causes beyond the control of franchisee and shall be resumed as soon as possible. Such causes shall include, but not be limited to: acts of God, acts of war, riot, fire, explosion, accident, hurricane and flood.
(H) In the event of flood or hurricane or other natural disaster which interrupts Kill Devil Hills business, Kill Devil Hills reserves the right, at no cost to Kill Devil Hills, to notify franchisee to suspend collections until the emergency conditions have ended.
(I) Inspection. All services performed by franchisee under this franchise shall be subject to the inspection and approval of the Kill Devil Hills Town Manager or the Town Administrator. When the town determines that franchisee's performance is unsatisfactory, franchisee shall immediately commence action necessary to remedy the problem.
(J) Franchisee to supply all licenses. Franchisee shall, at its own expense, purchase and keep in force all business licenses and other licenses and permits required by federal, state or local law, ordinances and regulations pertinent to franchisee's performance of this franchise.
(K) Environmental considerations. Any costs associated with violations of the law including, but not limited to, remediation, clean up costs, fines, administrative or civil penalties or charges, and third party claims imposed by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the franchisee or by sub-contractors, consultants, sub-consultants, or any other persons, corporations or legal entities retained by the franchisee/contractor for this franchise, shall be paid by the franchisee.
(L) Modification. There may be no modification of this franchise, except in writing, approved by Kill Devil Hills and the franchisee. The franchisee may not subcontract with any entity or assign its rights under the franchise ordinance and agreement without the express consent of Kill Devil Hills Board of Commissioners.
(Ord. 08-14, passed 4-14-08)