(A) Compliance with terms of chapter. Any company to which the city has granted a non-exclusive right and privilege to collect, for hire, solid waste, or any portion thereof, from one or more persons located within the city, pursuant to this chapter, in accepting said non-exclusive right and privilege, agrees to comply with all the terms and conditions of this chapter.
(B) Compliance with statutes. Said company shall operate and maintain its business in full compliance with all applicable statutes of the State of Nebraska, federal statutes, and all rules and regulations of any agency having regulatory authority over company or its business.
(C) Business office. Each company shall maintain a business office or agent to which its customers may telephone during regular business hours without incurring added message or toll charges so that solid waste service shall be promptly available. Should a customer have an unresolved complaint regarding solid waste service, the customer shall be entitled to meet jointly with a representative of the city and a representative of said company within 30 days to fully discuss and resolve such matters.
(D) Application; rate schedule. Prior to beginning operations in the city, each company that desires to collects solid waste from within the corporate limits of the city shall:
(1) File with the city an application, to include a non-refundable application processing fee of $200, said application to include information as may be required pursuant to this chapter and a schedule of tariffs to include all fees, charges and rates to be charged to its customers. The application and the schedule of tariffs shall be on forms as provided by the city. Thereafter, said application shall be reviewed by the City Clerk and approved by the Mayor and Council. After approval by the Mayor and Council, the City Clerk shall issue to the company a permit to haul. All permits shall commence on October 1 and terminate on the last day of September of the following year. If a company submits an application at any time after October 1, the permit shall become effective the day following approval by the City Council and shall terminate on the last day of September, and the fee shall remain $200 for the partial year.
(2) If any of said fees, charges or rates, as set forth in a company's schedule of tariffs are changed during the term of the company's permit to haul, said company shall notify the city of said changes in writing at least 30 days before said changes take effect.
(E) Knowledge and understanding of chapter requirements. As a condition of the permit to haul, the owner of vehicles operated or utilized to provide for the transport for hire of solid waste, or any portion thereof, shall be required to certify his/her knowledge and understanding of the provisions of this chapter and of the provisions of Neb. RS 13-2001 et seq. as it relates to the handling, transportation, and disposal of solid waste, or any portion thereof. Information shall be provided on each vehicle used for the transport for hire of solid waste, such as, but not limited to, license information, make and year and D.O.T. required information.
(F) Customer list. Any company that collects garbage and refuse, or any portion thereof, from residential units, group dwelling units, and commercial units, shall, within the first 15 days of each month, present to the City Clerk an itemized listing of all customers of company in the city and an itemized listing of all changes made to the listing of customers since the previous report indicating changes to date for which said company has provided solid waste removal services during the preceding month. Said list shall include the charge to each customer for which company is entitled to payment. Company shall pay to the city the occupation tax as set forth in § 112.01 of this code based upon said itemized listing of its customers.
(G) Discrimination. Neither any company nor any officer, employee, agent, or any person acting on said company's behalf shall discriminate against any person because of race, sex, age, creed, color, religion, or national origin.
(H) Indemnification. Each company shall indemnify and save harmless the city, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees resulting from a willful or negligent act or omission of said company, its officers, agents, servants and employees in the performance of this franchise, provided, however, that said company shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney fees due to the willful or negligent act or omission of the city, its officers, agents, servants and employees.
(I) Insurance.
(1) Each company shall maintain in full force and effect the following types of insurance in at least the limits specified below:
Coverages Minimum Limits of Liability
Workmen's Compensation Statutory requirement
General Liability:
Bodily Injury $1,000,000 each person
$1,000,000 aggregate
Property Damage $1,000,000 each person
$1,000,000 aggregate
Automobile Liability:
Bodily Injury $1,000,000 each person
$1,000,000 aggregate
Property Damage $1,000,000 each person
$1,000,000 aggregate
(2) All insurance will be by insurers acceptable to the city and authorized to do business in the State of Nebraska. At the time of application, each company shall furnish the city with Certificates of Insurance or other satisfactory evidence that such insurance has been produced and is in force. Said policies shall not thereafter be canceled, permitted to expire, or be changed without 30 days advance written notice to the city. To the extent permitted by law, all or any part of required insurance coverage(s) may be provided under a plan of self-insurance, subject to approval by the city.
(J) Records. Each company shall maintain records of the number of tons of solid waste collected by the company in the city, the number of loads of solid waste taken from the city to a facility by said company, specified by facility and gate fees paid to the facility, specified by facility, on a calendar year basis. Each company shall report this information to the city by March 1 annually thereafter. The calculation of tonnage shall be based upon number of truckloads and weight of loads. Weight of loads may be estimated, provided that estimates are based on actual weighing of no less than 10% of loads collected in the city. Weighing of loads shall be distributed throughout the calendar year and provide a representative sample of total loads collected in the city. All scale records shall be kept and submitted as a part of the report.
(K) Assignment. Any company shall not assign its rights granted by the city to said company under this chapter to any other person, in whole or in part, without the express written consent of the city, which consent shall not be unreasonably withheld, except the city shall be entitled to a 60-day notice of said assignment.
(L) Waiver. A waiver by either the city or any company of any breach of any provision hereof shall not be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself.
(Ord. 2011, passed 2-19-09; Am. Ord. 2208, passed 12-22-2015) Penalty, see § 50.99