11.16.080 Franchisee Responsibility.
A. The franchisee shall:
1. Dispose of solid waste at a Department of Environmental Quality-approved solid waste disposal or transfer site and comply with all applicable laws, rules and regulations.
2. Provide and maintain liability insurance in the amount of not less than $500,000 for injury to a single person, $500,000 to a group of persons and $100,000 property damage, all relating to a single occurrence. In addition to the above-described insurance, franchisee shall keep and maintain “umbrella coverage” in the amount of $2,000,000. Each franchisee shall annually provide the City a certificate of insurance evidencing the required insurance.
3. Provide sufficient collection vehicles, containers, facilities, personnel and finances to provide good service.
4. Respond promptly and effectively to any complaint on service.
5. Provide collection of infectious waste as defined in ORS 459.387, either directly or through a subcontract consistent with all applicable laws and regulations. Any subcontractor must agree to comply with this chapter as if the subcontractor were a franchisee.
6. At the second Council meeting of January 2016 and every three years afterwards, provide an operations report to the Council in open session describing its activities for the prior three calendar years and a plan for future operations. The report shall include, at a minimum, the following information: disposal and recycling volumes, customer counts, rate comparisons, number and type of hauling and other major equipment, recycling program updates and proposed service plans. This report may be combined with any report required under BC 11.16.110.
B. The franchisee is not required to store, collect, transport, transfer, dispose of or resource recover any hazardous waste other than household amounts at typical household strength; provided, however, that the franchisee may provide hazardous waste collection and transportation service outside this chapter in compliance with all applicable laws, ordinances and regulations.
C. The franchisee may, with City approval, subcontract with others to provide a portion of the franchised service. A subcontract does not relieve the franchisee of total responsibility for providing and maintaining service and complying with this chapter.
D. The franchisee shall not:
1. Give any rate preference to any person, locality or type of solid waste stored, collected, transported, disposed of or resource recovery. This subsection does not prohibit uniform classes of rates based upon length of haul, type, quantity or quality of solid waste handled and location of customers so long as such rates are reasonably based on the cost of the particular service. Franchisees shall charge only rates approved by the City Council. Franchisees may volunteer service at no or reduced cost for a charitable, community, civic or benevolent purpose. If a franchisee is requested to provide a service for which a rate has not been approved, the franchisee may charge a reasonable rate to cover its cost and a reasonable rate of return.
2.
a. Transfer this franchise in any way or any interest therein, or transfer any ownership interest in franchise, including but not limited to the transfer of franchisee stock to any other person without prior written approval of the Council.
b. A pledge of the franchise or any interest in franchisee or its stock as financial security shall be considered as a transfer for purposes of this section.
c. The Council may impose conditions on the approval of transfers. [Ord. NS-2246, 2015; Ord. NS-1515, 1990; Ord. NS-1272, 1980]