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A. The franchisee shall:
1. Provide an automated or semiautomated system of collection for solid waste. All receptacles designed for mechanical collection shall be supplied by franchisee. Any receptacle that is customer provided and designed for manual collection shall be approved by the franchisee.
2. Dispose of solid waste and waste collected at a disposal site, waste to energy facility, or transfer site or facility approved by the department of environmental quality, or resource recover the solid waste and waste, both in compliance with Oregon Revised Statutes 459 and 459A, and regulations promulgated thereunder. (Ord. 627-10, 9-21-2010)
3. Provide and keep in force public liability insurance in an amount that is not less than the minimum requirements of the Oregon tort claims act in Oregon Revised Statutes 30.260, which shall be evidenced by a certificate of insurance filed with the city recorder. (Ord. 627-10, 9-21-2010; amd. 2014 Code)
4. Agree to indemnify, defend and hold harmless the city, its officers, employees, volunteers and agents from any and all claims, demands, action, or suits arising out of or in connection with the city council's grant of this franchise. Franchisee shall be responsible to defend any suit or action brought by any person challenging the lawfulness of this franchise or seeking damages as a result of or arising in connection with its grant; and shall likewise be responsible for full satisfaction of any judgment or settlement entered against the city in any such action,
5. Damages and penalties under subsection A4 of this section include, but shall not be limited to, damages arising out of personal injury, property damage, copyright infringement, defamation, theft, and fire.
6. Within thirty (30) days after the effective date hereof, file with the city recorder a written, continued acceptance of the solid waste management franchise and of the terms of this chapter, which shall be evidenced by endorsement on the original of the ordinance in the form prescribed by the city council.
7. Provide sufficient collection vehicles, receptacles, facilities, personnel and finances to provide all types of necessary solid waste management service, or subcontract with others to provide such service pursuant to section 8-4-12 of this chapter.
8. Respond to any oral complaint on service within five (5) business days and to any written complaint on service within ten (10) business days from the time the complaint was received. If the complaint is not resolved in this manner, the following process shall be followed:
a. The person making the complaint shall attempt to settle the issue by notifying the franchisee of the nature of the issue and affording the franchisee the opportunity to resolve the issue.
b. If the issue is unresolved, the person making the complaint may contact the city manager. The city may require a written description of the issue from either party, and shall attempt to mediate and resolve the grievance with the complainant and the franchisee.
c. If the issue remains unresolved, the complainant or the franchisee may appeal to the city council who shall hear the dispute. The decision of the city council shall be final and binding.
9. Ensure a responsive, customer service oriented business. Maintain a convenient bill paying station and telephone answering service within the city during normal business hours. Business days will be Monday through Thursday, but customer calls will be received and, if necessary, responded to on Fridays.
10. Treat as confidential the contents of a customer's receptacle. The franchisee shall treat the contents of a customer's receptacle as confidential and will not discuss the contents of any receptacle with others, except under the following conditions: a) the contents appear to contain illegal or hazardous materials that would be reportable by franchisee to law enforcement or another appropriate governmental entity; b) the franchisee is required by court order to describe the contents of the receptacle; or c) the franchisee is cooperating with law enforcement.
11. Furnish to the city on an annual basis a true and complete statement of its financial condition, including a statement of income and expenses prepared by an independent accountant.
12. Provide and keep in force public liability insurance issued by an insurer authorized to conduct business in Oregon in the amounts declared by city council resolution and as provided in the franchise agreement, as reasonably appropriate for that which is required of the franchisee's indemnity obligations under the terms of this chapter; proof of such insurance shall be evidenced by a certificate of insurance filed with the city manager. The policy of such insurance shall:
a. Name the city as additional insured; and
b. Provide that such policy not be canceled, terminated, amended or permitted to expire without not less than ten (10) days' prior written notice to the city. The city shall have the option to purchase insurance and charge the franchisee for the cost thereof.
c. Within thirty (30) days or a time otherwise fixed by the council's resolution granting a franchise authorized by this chapter, execute and file with the city manager the franchise agreement.
13. If any elderly or certifiably handicapped residential customer is unable to roll the container to the street or curb, the franchisee will furnish a receptacle to the customer and pick it up at the customer's residence at the same rate as curb service. All such containers shall remain the property of the franchisee.
B. The franchisee shall not:
1. Give any rate preference to any person, locality or service. This subsection shall not prevent uniform classes of rates based upon length of haul, type or quantity of waste handled and location of customers, so long as such rates are reasonably based upon costs of the particular service and are approved by the city council in the same manner as other rates, nor shall it prevent any person from volunteering service at reduced cost for a charitable, community, civic or benevolent purpose.
2. Transfer this franchise or any portion thereof to other persons without the prior written consent of the city council, which consent shall not be unreasonably withheld. The city council shall approve the transfer if the transferee meets all applicable requirements met by the original franchise holder. A pledge of this franchise shall be considered as a transfer for the purposes of this subsection. The city council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter.
3. Discriminate in the provisions of service or the employment of persons engaged in performance of this agreement on account of race, religious creed, color, national origin, disability, marital status, or sex of such persons or as otherwise prohibited by law.
4. Violate or disregard traffic laws within the city or state.
5. Enter onto closed street(s) when the city is making repairs.
C. The franchisee may:
1. Where one or a few large volume customers require substantial investment in new or added equipment not otherwise necessary to serve the city, the franchisee may require a contract with such customers to provide a retainer for service for a reasonable period of time, to prevent shifting the cost to city ratepayers of the customer(s) voluntarily terminating service. (Ord. 627-10, 9-21-2010)