Ord 2460 - Solid Waste FranchiseAA *01r
ALLIED WASTE
To: City of Woodburn 41 10d
Re: Solid Waste Management Ordinance No.
The above Ordinance that was approved by the City of kb'oodburn, including all the terms
and conditions of the Franchise granted therein to Franchisee, is hereby accepted by the
Franchisee.
DATED this _�day of December, 2009.
FRANCHISEE
LIMA
UNI RVICE, INC.,
An Oregon Corporation
DBA " ALLIED WASTE SERVICES
OF MARION COUNTY.MARION COUNTY"
NIEMo
FROM THE WOODB URN C'ITYATTORNEY
TO: Christina Shearer, City Recorder
FROM: N. Robert Shields, City Attorney
DATE: December 31, 2009
RE: Solid Waste Management Ordinance 2460 Acceptance
Enclosed for the City Recorder's file are original copies of the Acceptance of Franchise
signed by the corporate representative of United Disposal Service, Inc. The execution of
the Acceptance appears both on Ordinance 2460 and in a separate document on the
letterhead of the Franchisee.
Enclosures
TABLE OF CONTENTS
Section
And Recyclable Materials
Page
Section 1.
Introduction
1
1.1
Short Title
1
1.2
Purpose and Policy
1
1.3
Solid Waste Management Goals
1
1.4
Definitions
2
Section 2.
Grant of Authority and General Provisions
5
2.1
Franchise
5
2.2
Exceptions
6
2.3
Term
7
2.4
Ownership of Waste
7
2.5
Infectious Waste
7
2.6
Hazardous Waste
7
2.7
Separation of Waste
7
2.8
City Authority
8
Section 3. Community Standards for Collection and Disposal of Solid Waste
And Recyclable Materials
8
3.1
Collection Standards
8
3.2
Preventing Interruption of Service
10
3.3
Recycling Standards
10
3.4
Public Education
12
3.5
Resource Recovery Service
13
3.6
County Wasteshed
13
3.7
Additional Recycling Requirements
13
3.8
Community Service Standards
14
3.9
Additional Services
14
3.10
Special Service
15
3.11
Sub -Contract
15
3.12
Equipment and Facility Standards
15
3.13
Safety Standards
16
3.14
Right -of -Way Standards
17
3.15
Customer Service Standards
17
3.16
Annual Customer Service Reporting Standards
18
3.17
Annual Financial Reporting Standards
18
Section 4.
Rates
19
4.1
Rate Structure
19
Section 5.
Financial
20
5.1
Compensation
20
5.2
Insurance
21
5.3
Hold Harmless
22
A -W _j
ALLIED WASTE
To: City of Woodburn 41
Re: Solid Waste Management Ordinance No.
The above Ordinance that was approved by the City of Woodburn, including all the terms
and conditions of the Franchise granted therein to Franchisee, is hereby accepted by the
Franchisee.
DATED this _day of December, 2009.
FRANCHISEE:
I:A
UNI(DR�SPO3�SERVICE, INC.,
An regon Corporation
DBA " ALLIED WASTE SERVICES
OF MARION COUNTY.MARION COUNTY'
COUNCIL BILL NO. 2804
ORDINANCE NO. 2460
AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING,
WITHOUT LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE
TO UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba ALLIED
WASTE SERVICES OF MARION COUNTY — WOODBURN"; ESTABLISHING
SERVICE STANDARDS AND ESTABLISHING PUBLIC RESPONSIBILITY;
REPEALING ORDINANCE 1641; PRESCRIBING PENALTIES; AND STATING AN
EFFECTIVE DATE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1 - Introduction
1.1 Short Title. This ordinance shall be known as the "Solid Waste Management
Ordinance," and may be cited herein as "this Ordinance."
1.2 Purpose and Policy. In order to protect the health, safety and welfare of the
people of the City of Woodburn, it is the public policy of the City of Woodburn to
regulate and to provide a solid waste management program.
1.3 Solid Waste Management Goals.
1.3.1 Ensure the safe and sanitary accumulation, storage, collection,
transportation and disposal or resource recovery of solid wastes. Ensure proper
handling of household hazardous waste, ensure that the community has an ongoing
resource recovery and disposal service, and ensure that waste shed recycling goals are
met.
1.3.2 Promote technologically and economically feasible resource recovery
including source separation, recycling and reuse, and separation by and through the
collector. Research, develop and promote waste reduction strategies.
1.3.3 Ensure efficient, economical and comprehensive solid waste service.
Maximize collection services to reduce the adverse environmental impacts of individual
collection and disposal efforts. Minimize duplication of service or routes to conserve
energy and material resources, to reduce air pollution and truck traffic, and to increase
efficiency, thereby minimizing consumer cost, street wear, and public inconvenience.
1.3.4 Protect and enhance the public health and the environment.
1.3.5 Protect against improper and dangerous handling of hazardous and
infectious wastes.
1.3.6 Ensure service rates and charges that are just and reasonable and
Council Bill No. 2804
Ordinance No. 2460 Page 1
adequate to provide necessary public services.
1.3.7 Provide for charges to the users of solid waste services that are
reasonable, equitable, and adequate to provide necessary service to the public, justify
investment in solid waste management systems, and provide for equipment and
systems modernization to meet environmental and community service requirements.
1.3.8 Prohibit discrimination on the basis of race, color, creed, religion, sex, age,
and national origin, source of income, political affiliation, disability, sexual orientation, or
marital status.
1.3.9 Work in cooperation with the City of Woodburn, Marion County, and local
industries to reduce the quantity of waste produced, increase recycling, generate
efficiencies, and conserve resources.
1.3.10 Demonstrate a responsive, customer -service oriented business
philosophy.
1.4 Definitions. For the purpose of the ordinance, the following terms shall have
the following meaning:
"Bin" means receptacle provided by Franchisee, used by customers for the
containment and disposal of recyclable material.
"Can" means receptacle owned by a customer, used for the containment and
disposal of solid waste. The customer's use of a can requires manual collection.
"Cart" means receptacle provided by Franchisee, used by a customer for the
containment and disposal of solid waste or recyclable material. The customer's
use of a cart requires automated collection service.
"City" means the City of Woodburn, Oregon, and the area within its boundaries
including its boundaries as extended in the future and all property owned by the
City, outside City limits.
"City Administrator" means the City Administrator or his/her designee.
"City Council" means the legislative body of the City.
"Compact and Compaction" means the process of, or to engage in the
shredding of material, or the manual or mechanical compression of material.
"Compensation" means consideration of any kind paid for solid waste
management services, including but not limited to, the direct payment of money,
including the proceeds from resource recovery or the provision of solid waste
services to customers.
Council Bill No. 2804
Ordinance No. 2460 Page 2
"Container" means a receptacle one cubic yard or larger in size, used to store
solid waste or wastes or recyclable material, but not a drop box or compactor.
"Dispose or Disposal" means the accumulation, storage, discarding, collection,
removal, transportation, recycling or resource recovery of solid waste.
"Drop Box" means a single receptacle designed for storage and collection of
large volumes of solid waste or wastes or recyclable materials, which is usually
ten cubic yards or larger in size, and provides for transportation of large volumes
of solid waste or recyclable materials and is transported to a disposal or
processing site for transfer, landfilling, recycling, materials recovery or utilization
and then emptied and returned to either its original location or to some other
location.
"Excluded Waste" means hazardous
infectious waste; toxic substances,
pollutants; or radioactive wastes.
waste; household hazardous waste;
wastes or pollutants; contaminants;
"Franchisee" means UNITED DISPOSAL SERVICE, INC., AN OREGON
CORPORATION, dba ALLIED WASTE SERVICES OF MARION COUNTY —
WOODBURN" granted a franchise pursuant to Section 2 of this Ordinance or a
subsequent ordinance.
"Generator" means the person who produces solid waste or recyclable material
to be placed, or that is placed for collection and disposal. As used in this
Ordinance, "generator" does not include any person who manages an
intermediate function resulting in the alteration or compaction of the solid waste
or recyclable material after it has been produced by the generator and placed for
collection.
"Hazardous Waste" means any hazardous wastes as defined by ORS 466.005.
"Holidays" means legal holidays observed by the City of Woodburn.
"Household Hazardous Waste" means any discarded or unwanted chemical,
material, substance or product that is or may be hazardous or toxic to the public
or the environment, is commonly used around households and is generated by
the household.
"Infectious Waste" means biological waste, cultures and stocks, pathological
waste, and sharps, or as infectious waste is defined in ORS 459.386.
"Mixed Recycling" means the process where two or more types of recyclable
materials are collected together (i.e., not separated) in a combination allowed by
the City Administrator, and as approved by the Oregon Department of
Environmental Quality.
Council Bill No. 2804
Ordinance No. 2460 Page 3
"Persons" means any individual, partnership, business, association,
corporation, cooperative, trust, firm, estate, joint venture or other private entity or
any public agency.
"Pilot Program" means a program which allows Franchisee to offer services on
a trial basis for six months or less and to determine rates for such services
outside the approved rate structure. City Council approval is required prior to
implementation of a pilot program.
"Placed for Collection" means to put solid waste, recyclable material or yard
debris out for collection by Franchisee, as provided by this Ordinance.
"Public Place" means any City -owned park, place, facility or grounds within the
City that is open to the public, but does not include a street or bridge.
"Public Rights -of -Way" means, without limitation, streets, roads, highways,
bridges, alleys, sidewalks, trails, paths, park strips and all other public ways or
areas, including subsurface and air space over these areas.
"Putrescible Material" means organic materials that can decompose, which
may create foul-smelling, offensive odors or products.
"Rate" means the amount approved by the City Council as a charge for service
rendered and charged by Franchisee, including the franchise fee, to users of the
service.
"Receptacle" means cans, carts, bins, containers, drop boxes, or other vessel
used for the disposal of solid waste, recyclable material or yard waste that has
been approved by the City Administrator and into which solid waste, recyclable
material or yard debris may be placed for collection.
"Recyclable Material" means any material or group of materials that can be
collected and sold for recycling at a net cost equal to or less than the cost of
collection and disposal of the same material and excludes excluded waste.
"Recycling" means any process by which solid waste is transformed into new or
different products in such a manner that the original products may lose their
original identity. As used in this Ordinance, recycling includes the collection,
transportation and storage of solid waste, done in order to place the solid waste
in the stream of commerce for recycling; or for resource recovery.
"Resource Recovery" means the process of obtaining useful material or energy
resources from solid waste, including reuse, recycling, and other material
recovery or energy recovery of or from solid wastes.
"Service" means the collection, transportation, storage, transfer, or disposal of
or resource recovery from solid waste by Franchisee. It also includes, without
Council Bill No. 2804
Ordinance No. 2460 Page 4
limitation, collection or source separated materials for compensation. "Service"
includes the providing of "Special Service" as defined below.
"Solid waste" means all useless or discarded putrescible and non-putrescible
materials, including but not limited to garbage, rubbish, refuse, ashes, paper,
cardboard, sewage sludge, septic tank and cesspool pumpings, or other sludge,
useless or discarded commercial, industrial, demolition, and construction
materials, discarded or abandoned vehicles or parts thereof, discarded home and
industrial appliances, manure, vegetable or animal solid and semi-solid wastes,
dead animals and infectious waste as defined in ORS 459.386. Solid waste does
not include excluded waste.
"Solid Waste Management" means the business of collection, transportation,
storage, treatment, utilization, processing, disposal, recycling and resource
recovery of solid waste.
"Source Separation" means the separation of waste materials by the generator
in preparation for recovery by recycling or reuse.
"Special Service" means collection of bulky waste, including furniture,
appliances and large quantities of waste.
"Total Source Separation" means the complete separation by the source
generator or producer of the waste by type or kind of waste from all other types
or kinds of waste.
"Train System" means a group of small receptacles (typically 1-2 cubic yard
capacity) placed in various locations around a customer's property, by the
customer and once full, either linked together or placed upon a trailer for
transport and disposal to a larger receptacle or compactor on the premises.
"Waste" means any material that is no longer wanted by or is no longer usable
by the generator, producer or source of the material, which material is to be
disposed of or to be resource -recovered by another person. Even though
materials which would otherwise come within the definition of "waste" may from
time to time have value and thus be resource -recovered does not remove them
from this definition. Source -separated wastes are "wastes" within this definition.
"Yard Debris" means grass clippings, leaves, tree and shrub prunings of no
greater than four inches in diameter, or similar yard and garden vegetation. Yard
Debris does not include dirt, sod, stumps, logs or tree/shrub prunings larger than
four inches in diameter.
Section 2 - Grant of Authority and General Provisions
2.1 Franchise. Subject to the conditions and reservations contained in this
Council Bill No. 2804
Ordinance No. 2460 Page 5
ordinance, the City Council hereby grants to UNITED DISPOSAL SERVICE, INC. , AN
OREGON CORPORATION, dba ALLIED WASTE SERVICES OF MARION COUNTY
— WOODBURN"," the exclusive right, privilege, and franchise to collect, dispose, sell
and transport solid waste and recyclable material generated as of the effective date of
this ordinance within the corporate limits of the City of Woodburn and in any area that
may thereafter be annexed to the City.
2.2 Exceptions. Unless accepted by subsections below, or granted an exclusive
franchise pursuant to this Ordinance, no person shall solicit customers for service, or
advertise the providing of service, or provide service in the City. Nothing in this
ordinance requires a franchise for the following:
2.2.1 The collection, transportation and reuse of repairable or cleanable discards
by a private charitable organization regularly engaged in such activity.
2.2.2 The collection, transportation, and reuse or recycling of totally source -
separated materials or operation of a collection center for totally source -separated
materials by a religious, charitable, benevolent or fraternal organization, provided the
organization is using the activity for fund raising. Organizations engaged in these
activities shall make periodic reports in a form as the City Administrator may reasonably
require.
2.2.3 The collection, transportation or redemption of returnable beverage
containers under ORS Chapter 459A and that portion commonly known as the "Bottle
Bill."
2.2.4 The generator or producer who transports and disposes of waste created
as an incidental part of regularly carrying on the business of auto wrecking to the extent
licensed by the state of Oregon; janitorial service; septic tank pumping, sludge collection
or disposal service; or gardening or landscape maintenance. "Janitorial service" does
not include primarily collecting wastes generated by a property owner or occupant.
2.2.5 The transportation of solid waste by an individual, produced by such
individual or the individual's household, to a disposal site or resource recovery site. In
the case of non -owner -occupied property, the waste is produced and owned by the
tenant and not by the landlord, property owner or agent.
2.2.6 A contractor registered under ORS Chapter 701 for hauling waste created
in connection with the demolition, construction, or remodeling of a building structure or
in connection with land clearing and development. Such waste shall be generated by
the contractor in connection with the contractor's construction site and hauled in
equipment owned by the contractor and operated by the contractor's employees.
2.2.7 Government employees providing solid waste and recycling collection
services to City operations and facilities.
Council Bill No. 2804
Ordinance No. 2460 Page 6
2.3 Term.
(a)This franchise ordinance and the rights and privileges granted herein shall
take effect upon written acceptance by Franchisee and remain in effect for a
term of seven (7) years.
(b) Upon an affirmative finding based on its annual review of the material
submitted pursuant to Sections 3.16 and 3.17, et. seq. of this agreement, at the
end of the franchise term, the Council may add an additional year to the term of
the franchise.
(c) The City Council may choose to not extend a franchise after seven (7) years
under this section for any reason. If the City Council chooses not to extend a
franchise, at least sixty days before the date that the franchise would otherwise
expire, the City Council shall provide Franchisee with written notice of the City
Council's intent not to extend the franchise. Franchisee shall have thirty days
from the date of the notice to request a public hearing. If, following the public
hearing, the City Council reaffirms the decision not to extend the franchise term,
the franchise shall expire at the end of its existing term, and shall not
automatically be extended as provided in this section. Nothing in this subsection
shall prevent a Franchisee from applying for a new franchise.
(d) Prior to the issuance or extension of a franchise, the City Council shall
provide notice and opportunity for public comment.
(e) If the City Administrator determines service standards are not being met, the
City Administrator may re -open this franchise for renegotiation.
(f) The terms of the franchise must be unconditionally accepted by UNITED
DISPOSAL SERVICE, INC. , AN OREGON CORPORATION, d/b/a ALLIED
WASTE SERVICES OF MARION COUNTY — WOODBURN" in writing, and
signed by an officer of the corporation within 30 days after the date this
ordinance is passed by the City. If UNITED DISPOSAL SERVICE, INC. , AN
OREGON CORPORATION, d/b/a ALLIED WASTE SERVICES OF MARION
COUNTY — WOODBURN" fails to do so, this ordinance shall be void.
2.4 Ownership of Waste. Unless otherwise stated, solid waste properly placed
out for collection is the property of the Franchisee.
2.5 Infectious Waste. Franchisee is not required to store, collect, transport,
dispose of or resource infectious waste.
2.6 Hazardous Waste. Except as otherwise provided in this ordinance,
Franchisee is not required to store, collect, transport, dispose of or resource recover
hazardous waste or excluded waste.
2.7 Separation of Waste. The City Council reserves the right to require the
Council Bill No. 2804
Ordinance No. 2460 Page 7
separation of component parts or materials in or from solid wastes, and to require the
deposit thereof in receptacles or places and to prescribe the method of disposal or
resource recovery.
2.8 City Authority. The City reserves the right to determine the services
authorized by this franchise agreement.
Section 3 - Community Standards for Collection and Disposal of
Solid Waste and Recyclable Materials
3.1 Collection Standards. Collection of solid waste and recyclable material
shall be performed in such a way as to comply with all Federal, State and local
environmental regulations. In addition Franchisee shall:
3.1.1 Provide solid waste and recycling collection services to all persons living
within or conducting business within the City limits of the City.
3.1.2 Collect putrescible material at least once each week.
3.1.3 Provide collection of infectious waste as defined in ORS 459.387,.
Collection shall be provided in a manner consistent with the requirements of all
applicable laws and regulations.
3.1.4 Perform collections twice weekly in the business districts of the City, except
Sundays and holidays. Downtown business district collection hours are 4:30 am to 6:30
am. Collection hours shall be scheduled to minimize noise and disruption to residents
in or near the downtown business district.
3.1.5 Perform curbside collections of solid waste at least once weekly in
residential districts or as often as required by ORS 459 and ORS 459.A. Collection
hours shall be between the hours of 6:00 am and 5:30 pm, Monday through Friday. All
collections shall be made as safely, efficiently and quietly as possible.
3.1.6 Perform curbside collections of recyclable materials at least bi-weekly or as
often as required by ORS 459 and ORS 459.A. Collection of recyclable materials shall
be made subject to the same requirements and within the same hours as those made
for solid waste.
3.1.7 Provide collection of residential solid waste carts or cans, recyclable
materials, and yard debris carts on the same day of the week. Franchisee shall not go
into garages or other buildings to make pick-ups at residences, nor shall Franchisee go
into closed areas, through enclosed gates, or up or down stairs to make pick-ups.,
unless defined as a special service.
3.1.8 Provide will -call service for container service for residential and commercial
Council Bill No. 2804
Ordinance No. 2460 Page 8
customers within 48 hours of initial request for service.
3.1.9 Use due care to prevent solid waste from being spilled or scattered during
collection. If any solid waste or recyclable material is spilled during collection,
Franchisee shall promptly clean up all spilled materials. All can/cart and container lids
must be replaced after contents are emptied and the can/cart or container shall be
returned to its original position so as to not jeopardize the safety of motorist, pedestrians
or bicyclists. Franchisee shall also collect any solid waste or recyclable materials that
may have been spilled or scattered prior to collection, in the immediate area of cans and
carts.
3.1.10 Use reasonable care in handling all collection receptacles and enclosures.
Damage caused by the negligence of Franchisee's employees to private property,
including landscaping, is the responsibility of Franchisee and shall be promptly adjusted
with the owner.
3.1.11 Ensure that all solid waste and recycling collection operations shall be
conducted as quietly as possible and shall conform to applicable Federal, State, County
and City noise emission standards. Unnecessarily noisy trucks or equipment are
prohibited. The City Administrator may conduct random checks of noise emission levels
to ensure such compliance.
3.1.12 Determine, with approval of the City Administrator, the maximum
allowable capacity of cans, carts or containers. If Franchisee refuses to service an
overweight can, cart or container, a notice describing the problem must be provided.
The notice shall include the name of Franchisee, employee, alternative solutions to
resolve the problem and a local phone number for additional information. Franchisee
must provide double the customer's subscribed service level at no additional charge on
the customer's next scheduled collection day, if a special pick-up has not been
requested in the meanwhile. If a special pick-up has been requested, Franchisee may
charge the normal will -call rate.
3.1.13 Refuse specific residential collections, if access to a can, cart or container,
is blocked by a vehicle. For purposed of this section, "blocked" shall be defined as
parked immediately in front of, or at the curb within ten feet to either side of such
containers. If Franchisee refuses to service a can, cart or container for this reason, a
notice describing the problem must be provided. The notice shall include the name of
Franchisee, employee, reason for collection refusal, solution for resolving the problem
and a local phone number for additional information. Franchisee must provide double
the customer's subscribed service level at no additional charge on the customer's next
scheduled collection day, if a special pick-up has not been requested in the meanwhile.
If a special pick-up has been requested, Franchisee may charge the normal will -call
rate.
3.1.14 Offer unlimited vacation credits to customers who temporarily discontinue
service in a calendar year for any period of two (2) weeks or more. The customer must
request the discontinuance no later than noon on the business day, excluding
Council Bill No. 2804
Ordinance No. 2460 Page 9
weekends, prior to the date of discontinuance.
3.1.15 Notify, in the event of changes to the collection schedule, all affected
customers within fourteen (14) calendar days of any change. Franchisee shall not
permit any customer to go more than seven (7) calendar days without service in
connection with a collection schedule change.
3.1.16 Have the option to limit acceptable methods of payment. Franchise must,
however, at a minimum, accept cash, personal checks, cashiers checks, money orders,
and bank drafts, and provide for online payment with a credit card.
3.1.17 Have the option to refuse collection service upon non-payment of a billing
or portion of a billing after account becomes 45 days past due, or upon refusal to pay
required advance payments, delinquent charges, or charges associated with starting a
new service. Franchisee may withhold collection services, providing at least a ten (10)
day notice is given to subscriber.
3.1.18 Continue collection services except in cases of street or road blockage,
excessive weather conditions, natural or man-made disasters, or customer violations of
public responsibilities beyond Franchisee's control. Adverse labor relations issues such
as strikes or walk -outs shall be considered to be within the control of the franchisee and
shall not prevent collection and disposal services as required by this ordinance.
3.1.19 Franchisee shall dispose of solid waste in the nearest disposal site
permitted by the Oregon Department of Environmental Quality unless extraordinary
circumstances apply. City Council reserves the right to approve any disposal site used
by Franchisee.
3.2. Preventing Interruption of Service. In the event of an immediate and
serious danger to the public creating a health hazard or serious public nuisance, the
City Administrator may, after a minimum of 24 hours notice to Franchisee, authorize
another person to temporarily provide emergency service under this ordinance or the
City may elect to provide such service.
Upon request of Franchisee, a public hearing shall be provided before the City
Council and the decision to provide temporary service shall be reconsidered.
Franchisee agrees as a condition to this franchise that any equipment used for the
services provided under this franchise may be used to provide such emergency service.
The City shall return any such property of Franchisee upon abatement of the health or
nuisance hazards created by the general interruption of service. In the event the power
under this section is exercised, the usual charges for service shall prevail and
Franchisee shall be entitled to collect for such usual services, but shall reimburse the
City for its actual costs, as determined by the City.
3.3 Recycling Standards. Recycling services shall include the following.-
3.3.1
ollowing:
3.3.1 For residential customers with regular weekly solid waste service, provide
Council Bill No. 2804
Ordinance No. 2460 Page 10
on -route residential recycling service including one 65 -gallon (1) roll cart, one (1)
recycle bin and one (1) yard debris cart or composter at no additional charge.
Customers may, at their option, upgrade to a 95 gallon roll cart at no additional cost.
Additional carts and bins for recycling shall be provided upon request at a cost not
greater than the actual cost incurred by Franchisee.
3.3.2 For customers in single-family households, the following material at a
minimum shall be picked up curbside once every other week on a designated collection
day: newspapers, corrugated cardboard, brown paper bags, mixed paper consisting of
household mail, paperboard, and magazines, glass bottles and jars, aluminum and tin,
plastics, and aerosol cans. Batteries, oil, and latex paint shall also be collected every
other week, but shall be segregated from other recyclable materials in a bin provided by
the Franchisee for that purpose.
3.3.3 For apartments and other multi -family households and units requesting
such service, the following material at a minimum shall be collected once each week on
a designated collection day: newspapers, corrugated cardboard, brown paper bags,
mixed paper consisting of household mail, paperboard, and magazines; and glass
bottles and jars, aluminum and tin, plastics, and aerosol cans. Batteries, oil and latex
paint shall also be collected weekly, but shall be segregated from other recyclable
materials in a bin provided by the Franchisee for that purpose. . Materials shall be
collected curbside or in a designated collection center in cooperation with the building
owner or manager.
3.3.4 Yard debris carts for residential customers shall be picked up weekly on the
same day as solid waste collection. Yard debris must be disposed at a compost/mulch
facility registered with the Oregon Department of Environmental Quality.
3.3.5 Recycling -only customers shall be offered 65 gallon Carts and be provided
bi-weekly recycling service at a rate established by the City Council.
3.3.6 Commercial recycling service includes carts, recycle bins, and cardboard
recycling containers and shall be provided at no additional charge.
3.3.7 For commercial customers, the following recyclable material, at a minimum,
shall be collected once each week on a designated collection day: office paper and
mail, corrugated cardboard, newspapers, paperboard, magazines, brown paper bags,
wood, glass bottles and jars, aluminum and tin, plastic, and aerosol cans. Batteries, oil,
and latex paint shall also be collected weekly, but shall be segregated from other
recyclable materials in a bin provided by the Franchisee for that purpose.
3.3.8 For large quantities of cardboard, the frequency of pickup -service shall be
determined by agreement between the generator and the collector. Agreements shall
give due consideration to the volume of the material, storage capacity of generator, and
generator's location.
3.3.9 Franchisee must provide notice to customer if recyclable material placed at
Council Bill No. 2804
Ordinance No. 2460 Page 11
curbside is not collected due to improper preparation. Notice must include adequate
explanation of refusal for collection, name of employee and local phone number for
additional information. Employee shall leave notice securely attached to the customer's
bin or the customer's front door. Employee shall collect any properly prepared material
that is accessible. The purpose of the notice is to educate residents and increase
program participation, and shall be written in such a manner as to accomplish this
purpose.
3.3.10 Operate and maintain at least one (1) collection center within the City
limits that permits residents to deliver recyclables to the site. Collection center shall be
open to the public between the hours of 8 am to 5 pm Monday through Friday, and 8 am
to Noon on Saturdays. Said site shall accommodate at a minimum all recyclable
materials collected at curbside, as well as scrap metal and other types of glass and
plastic. Materials such as Styrofoam, textiles, and electronics shall be recycled when it
is technologically or economically feasible to do so.
3.3.11 Facilitate a reuse program referring useable items to local thrift shops,
resale shops, non-profit groups or others who may have a legitimate use for the item.
Maintain a list of businesses and groups that submit requests for needed items, and
provide this information to others as requested.
3.3.12 Research and develop improved recycling and reuse systems.
3.4 Public Education. Franchisee shall provide the following public education
and promotion of activities for waste reduction, recycling, reuse, and source separation,
and cooperate with other persons, companies, or local governments providing similar
services. Franchisee shall:
3.4.1 Provide a recycling information center within City limits, with local telephone
access and information concerning collection schedules, recycling locations, recyclable
material preparation, conservation measures, reuse programs, waste reduction
strategies and on-site demonstration projects. Recycling information booths at
appropriate community events shall also be provided by Franchisee to promote and
increase recycling awareness and participation.
3.4.2 Provide recycling notification and educational packets for all new
residential, commercial, and industrial collection service customers specifying the
collection schedule, materials collected, proper material preparation, reuse programs,
waste reduction strategies and recycling benefits.
3.4.3 Provide semi-annual informational/promotional pamphlets to residences
and businesses in the City that include the materials collected and the schedule for
collection. Information about waste reduction, reuse opportunities, proper handling and
disposal of special wastes (household hazardous wastes) and the reduction of junk mail
shall be included on a regular basis. Special community solid waste events, and the
holiday tree removal program shall also be promoted when appropriate.
Informational/promotional pamphlets shall be distributed to all mailing addresses within
Council Bill No. 2804
Ordinance No. 2460 Page 12
the City.
3.4.4 Develop by December 31, 2009 and then maintain an Internet web site that
includes a listing of all franchised solid waste and recycling services and applicable
rates charged for such services.
3.4.5 Perform waste audits for those commercial and industrial customers
requesting one, and conduct, at least annually, workshops on waste reduction
strategies and reuse opportunities.
3.4.6 Coordinate with the Woodburn School district and local private schools to
assist in promoting awareness of recycling and waste reduction strategies to children,
and to cooperate with the district in their recycling efforts and programs.
3.4.7 Promote solid waste reduction and recycling education through local
widespread media, such as radio or newspapers, no less than 18 times each year.
Promotional information shall focus on recycling, reuse and waste reduction strategies.
3.4.8 Provide the City Administrator with sufficient copies of all promotional fliers
and other related information as requested.
3.4.9 Conduct a bi-annual survey to evaluate customer participation in recycling
programs and customer opinion of solid waste and recycling services offered by
Franchisee. Statistics shall be used to enhance existing recycling educational materials
and increase program participation. Significant statistical changes in the survey shall
afford the City Administrator the option to renegotiate Section 3 of this agreement.
3.5 Resource Recovery Services.
3.5.1 Aggressively seek markets for reusable, recyclable, and recoverable
materials and purchase such materials from others.
3.5.2 Develop strategies to promote the reduction of solid waste generated by
residential, commercial and industrial customers. Promote programs preventing or
reducing at the source those materials which would otherwise constitute solid waste.
3.6 County Wasteshed. Coordinate recycling efforts with other solid waste
collection efforts in the Marion County Wasteshed to further enhance recycling and
recovery, efforts, and to meet wasteshed recovery goals as mandated by the state.
3.7 Additional Recycling Requirements.
3.7.1 The City Administrator reserves the right to require specific materials to be
separated, collected and recycled.
3.7.2 Franchisee shall provide other recycling services as required by Oregon
Revised Statute 459.A, City Council, ordinance, or municipal code.
Council Bill No. 2804
Ordinance No. 2460 Page 13
3.7.3 Franchisee shall recycle additional materials when economically feasible
and provide for an on-site collection center for household hazardous waste.
3.8 Community Service Standards.
3.8.1 Franchisee shall provide for storm debris collection of tree limbs, leaves,
etc., on an as needed basis. Franchisee may charge a fee for such service.
3.8.2 Franchisee shall provide an annual residential cleanup, collecting scrap
and recyclable material, yard debris and appliances, at no additional charge; however,
Franchisee may charge, as a pass-through cost, the CFC evacuation fee on appliances.
3.8.3 Franchisee shall provide collection and recycling of holiday trees placed at
curbside for a period of three (3) weeks, beginning December 26th of each year, at no
additional charge.
3.8.4 Franchisee shall provide twice weekly solid waste collection and disposal
service of public litter receptacles, in the central business district of the City, including
the Woodburn Downtown Plaza, except weekends and holidays.
3.8.5 Franchisee shall provide once weekly solid waste collection and disposal
service at the following facilities at no charge to the City:
a. City Hall
b. Woodburn Public Library
c. Woodburn Memorial Aquatic Center
d. Woodburn Police Facility
e. Woodburn Public Works Annex
f. Public Works Corporation Yard
3.9 Additional Services. Where a new service or a substantial expansion of an
existing service is proposed by the City Administrator, another person or Franchisee,
the following shall apply:
3.9.1 If service is proposed by the City Administrator, Franchisee shall receive
prior written notice of the proposed service and justification by the City Administrator. If
service is proposed by Franchisee or another person, the City Administrator must be
notified in writing prior to any consideration by the City.
3.9.2 The City may hold a public hearing on the proposed service and
justification.
3.9.3 In determining whether the service is needed, the City shall consider the
public need for the service, the effect on rates for service and the impact on other
services being provided or planned, the impact on any city, county or regional solid
waste management plan, and compliance with any applicable statutes, ordinances or
Council Bill No. 2804
Ordinance No. 2460 Page 14
regulations.
3.9.4 If the City determines the service is needed, Franchisee shall have the
option to provide the service on a temporary basis through a pilot program to determine
if the service is functional on a permanent basis or Franchisee may agree to provide the
service on a permanent basis within a specified time.
3.9.5 If Franchisee rejects the service, the City may issue a franchise or permit to
another person to provide only that service. The provider of the limited service shall
comply with all applicable provisions of this ordinance.
3.10 Special Service.
3.10.1 If a customer requires an unusual service requiring added or specialized
equipment solely to provide that service, Franchisee may require a contract with the
customer to finance and assure amortization of such equipment. The purpose of this
subsection is to assure that such excess or specialized equipment does not become a
charge against other ratepayers.
3.11 Sub -Contract. Franchisee may sub -contract with other persons to provide
specialized or temporary service covered by this franchise, but shall remain totally
responsible for compliance with this agreement. Franchisee shall provide written notice
of intent to sub -contract services prior to entering into agreements. If sub -contracting
involves a material portion of the franchised service, Franchisee shall seek the approval
of the City.
3.12 Equipment and Facility Standards.
3.12.1 All equipment shall be kept well painted, and properly maintained in good
condition. Vehicles and containers used to transport solid waste shall be kept clean to
ensure no contamination to the environment or the City's storm water system.
3.12.2 All vehicles and other equipment shall be stored in a safe and secure
facility in accordance with applicable zoning and environmental regulations.
3.12.3 Trucks shall be equipped with a leak proof metal body of the compactor
type including front, rear, or automatic loading capabilities.
3.12.4 Pick-up trucks, open bed trucks or specially designed, motorized local
collection vehicles used for the transporting of solid waste must have a leak proof metal
body and an adequate cover over the container portion to prevent scattering of the load.
3.12.5 All fuel, oil, or vehicle fluid leaks or spills which result from Franchisee's
vehicles must be cleaned up immediately. All vehicles must carry an acceptable
absorbent material for use in the event of leaks or spills. Damages caused by fuel, oil,
or other vehicle fluid leaks or spills from Franchisee's vehicles or equipment shall be at
Franchisee's expense.
Council Bill No. 2804
Ordinance No. 2460 Page 15
3.12.6 All vehicles used by Franchisee in providing solid waste and recycling
collection services shall be registered with the Oregon Department of Motor Vehicles
and shall meet or exceed all legal operating standards. In addition, the name of
Franchisee, local telephone number and vehicle identification number shall be
prominently displayed on all vehicles.
3.12.7 All collection vehicles shall not exceed safe loading requirements or
maximum load limits as determined by the Oregon Department of Transportation.
Franchisee shall endeavor to purchase and operate equipment that minimizes damage
to City streets.
3.12.8 Franchisee shall provide and maintain equipment that meets all
applicable laws, ordinances, municipal codes, and regulations or as directed by the City
Administrator.
3.12.9 Franchisee shall provide and replace as necessary, garbage collection
carts, yard debris carts, and recycle bins at no charge to the public. Cart sizes offered
for solid waste disposal include 20, 32, 64, and 90 gallon capacity. Yard debris carts
shall be 65 gallon capacity. Recycle carts may be either 65 or 95 gallon capacity,
depending on customer choice. Solid waste, yard debris, and recycling carts shall be
leak -proof, rigid, fireproof, and of rodent proof construction and not subject to cracking
or splitting. The City Administrator has the right to approve all receptacles provided by
Franchisee for use in the City and may require additional or alternative receptacle sizes.
Customers may, at their election, change their cart size once each calendar year at no
cost. For each subsequent change within the same calendar year, Franchisee may
charge a fee, to recover the administrative costs of such change, as approved by the
City Council.
3.12.10 Franchisee shall clean containers used by commercial customers once
annually if requested by customer for no additional charge. If Franchisee determines
such containers are becoming a health hazard, requiring more frequent cleaning, such
service shall be an additional maintenance charge to the waste producer or generator.
3.12.11 In cooperation with the Woodburn Police Department, Franchisee shall
remove graffiti from all containers or facilities within of the time Franchisee is notified of
such need. Notification may be verbal, or in writing.
3.12.12 All surface areas around Franchisee's site facilities including vehicle and
equipment storage areas, service shops, wash stations, transfer sites, collection
centers, and administrative offices must be kept clean to eliminate direct site run-off into
the City's storm water and open drainage system.
3.13 Safety Standards. Franchisee shall operate within guidelines of the
Oregon Refuse and Recycling Association, Oregon Department of Transportation,
Oregon Public Utility Commission, Oregon Occupational Health and Safety
Administration, Department of Environmental Quality, Woodburn Municipal Code and all
Council Bill No. 2804
Ordinance No. 2460 Page 16
other rules and regulations as they apply.
3.13.1 Franchisee shall provide suitable operational and safety training for all of
its employees who maintain, use, or operate vehicles, equipment, or facilities for
collection of waste or who are otherwise directly involved in such collection. Employees
involved in collection services shall be trained to identify, and not to collect, excluded
waste. Employees who do handle such excluded waste shall be properly trained.
3.14 Right -of -Way Standards. Franchisee shall ensure proper and safe use of
public right-of-ways and provide compensation to the City in consideration of the grant
of authority to operate a solid waste collection and disposal system in the City of
Woodburn as directed in this franchise agreement.
3.15 Customer Service Standards. Franchisee shall:
3.15.1 Provide sufficient collection vehicles, carts, bins, containers, drop boxes,
facilities, personnel and finances to provide the services set forth in this franchise
agreement.
3.15.2 Sufficiently staff, operate and maintain a business office and operations
facility within the City.
3.15.3 Establish minimum office hours of 8:00 am through 5:00 pm, Monday
through Friday, not including holidays.
3.15.4 Ensure a responsive, customer service oriented business. Provide
customers with a local telephone number, listed in a local directory, to a local business
office. Adequately staff operations to provide prompt response to customer service
requests or inquiries and respond promptly and effectively to any complaint regarding
service. Calls received by 1:00 pm by office staff shall be returned the same business
day as call received, and by noon of the following business day if call is received after
1:00 pm. Franchisee shall promptly respond to all written complaints about service or
rates.
3.15.5 Train collection crews prior to their beginning solid waste and recycling
collection, and office staff prior to having public contact. The scope of the training shall
include, but is not limited to, acceptable safety practices, acceptable standards of
service to the public, courteous customer service, and accuracy and completeness of
information
3.15.6 Require all employees of Franchisee and all employees of persons under
contract with Franchisee under this franchise agreement to present a neat appearance
and conduct themselves in a courteous manner. Franchisee shall require its drivers
and all other employees who come into contact with the public, to wear suitable and
acceptable attire that identifies Franchisee.
3.15.7 Designate at least one (1) qualified employee as supervisor of field
Council Bill No. 2804
Ordinance No. 2460 Page 17
operations. The supervisor shall devote an adequate portion of his/her workday in the
field checking on collection operations, including responding to issues.
3.16 Annual Customer Service Reporting Standards. Franchisee shall
provide annual reports to the City Administrator by March 31st of each year during the
term of the franchise.
3.16.1 Reports shall include a written log of all oral and written complaints or
service issues registered with Franchisee from customers within the City. Franchisee
shall record the name and address of complainant, date and time of issue, nature of
issue, and nature and date of resolution. The City Administrator may require more
immediate reports documenting complaints and resolutions.
3.16.2 Provide a summary of educational and promotional activities as required
in Sub -section 3.4.
3.17 Annual Financial Reporting Standards. Franchisee shall keep current,
accurate records of account. The City may inspect the Records any time during
business hours and may audit the Records from time to time. If an audit of the Records
is required, the cost of an independent audit, reasonably satisfactory to the City, shall
be the responsibility of franchisee. Franchisee shall submit to the City Administrator a
report annually, no later than March 31St of each year, documenting the activities and
achievements of all programs undertaken pursuant to this franchise for the previous
year. The City Administrator shall evaluate the effectiveness of the programs in terms of
the amount, level, and quality of the services provided by Franchisee. The report shall
include the following specified information:
3.17.1 Total franchise payments remitted and basis for calculations,
3.17.2 Year-end financial statements of Franchisee for service within the City
limits only, including:
Summary of financial highlights
Statement of income and retained earnings
Balance sheet
Statement of changes in financial position
Schedule of expenses
3.17.3 Annual recycling data form as submitted to the Marion County
Environmental Services Division.
3.17.4 Current and previous year total of residential, commercial and industrial
customers within City limits, including tons of solid waste generated. Number of
recycling customers within City limits and percentage of materials recycled.
3.17.5 A summary of the customer survey as required in Sub -section 3.4.9 and a
summary of the annual customer service reports as required in Sub -section 3.16.
Council Bill No. 2804
Ordinance No. 2460 Page 18
3.17.6 Document industry trends and direction of Franchisee over the next seven
years.
3.17.7 Provide a summary of Community Involvement activities as required in
Section 3.
3.17.8 Other information pertaining to performance standards specified in the
franchise agreement.
Section 4 - Rates
4.1 Rate Structure. The City Council reserves the right to examine the rate
structure of Franchisee, and to require specific services and approve rate changes
which, in the discretion of the City Council, are reasonably required in view of the
following considerations:
4.1.1 Franchisee shall have the right to charge and collect reasonable
compensation from those whom it furnishes franchised services. The term "reasonable
compensation" shall be defined at the discretion of the City after a study and
consideration of rates for similar service under similar conditions in other areas, and as
affected by local conditions in the local area. However, nothing in this section prohibits
Franchisee from volunteering services at a reduced cost for a civic, community,
benevolent or charitable program. Cash or in-kind contributions to such organizations
shall be the sole responsibility of Franchisee and shall not be a factor in determining
rates or increase the total amounts paid by ratepayers for which Franchisee serves
under this agreement and shall not reduce the total amount of revenue paid to the City.
Contributions shall not be taken into consideration in the rate approval process.
4.1.2 Franchisee shall provide to the City Administrator a copy of the published
rate schedule which shall contain the rates and charges made for all its operations. The
rate schedule shall be kept current. Franchisee shall file with the City Administrator, at
least 90 days prior to any contemplated change, a complete, new and revised rate
schedule which shall be examined by Council in a public hearing, subject to applicable
notice requirements and affording due process. Franchisee shall also provide
documented evidence of actual or projected increased operating costs within City limits
which may justify proposed increases. Council may approve or deny any request based
on criteria consisting of, but not limited to: increases in operating or capital costs,
increases in City population; extension of City boundaries; increase of intensive
residential, commercial or industrial development within the City; changes in solid waste
or recycling technology; changes in regulatory requirements; inability of Franchisee to
adequately handle increased needs for said service; the rates in other cities for similar
services; and the public interest by assuring reasonable rates to enable Franchisee to
provide efficient and beneficial service to users of the service. The request shall be
considered denied unless approved by Council prior to 30 days before the effective
date. In the event of denial, the current rate schedule remains in effect and Franchisee
may file with the Council further information to justify the rate schedule changes.
Council Bill No. 2804
Ordinance No. 2460 Page 19
4.1.2.1 Rates established by Council are fixed rates and Franchisee shall not
charge more or less than the fixed rate unless changed pursuant to Section 4.
Franchisee shall not charge rates not in the rate schedule.
4.1.2.2 Rates for a given service must be established under the provisions of
these guidelines before such service can be provided to customers unless services are
being offered under a pilot program. If the City Administrator determines Franchisee is
providing services for a fee without following these guidelines, the City Administrator
may require Franchisee to continue providing such services at no charge to the
customer until such time as the rates are approved as described under Section 4. If
rates are not subsequently approved, Franchisee may discontinue service and shall
take full responsibility in explaining to customers as to why the service is no longer
being provided.
4.1.3 Franchisee may not give any rate preference to any person, locality, or type
of solid waste collected, transported, stored, disposed of or resource recovered. This
section shall not prohibit uniform classes of rates based on length of haul, time of haul,
type or quantity of solid waste handled, and location of customers, so long as such rates
are reasonably based on the cost of service and approved by City Council in the same
manner as other rates.
4.1.4 The rates shall be subject to review and change only one (1) time in a
calendar year, beginning January 1 and ending December 31; provided:
4.1.4.1 The City Council may at
documentation submitted by Franchisee,
changes in service, including pilot programs.
its sole discretion and with appropriate
grant an interim or emergency rate for
4.1.4.2 An additional application for a rate adjustment may be made when the
cost of collection is increased by governmental regulations, or there is a single large
increase in cost not anticipated at the last rate adjustment.
4.1.5 The approved rate schedule (Exhibit 1), as of the effective date of this
ordinance, shall be deemed to be in effect.
Section 5 - Financial
5.1 Compensation. In consideration of the rights and privileges granted by this
ordinance, Franchisee shall pay to the City of Woodburn, five percent (5%) per annum
of its gross revenues derived from all services within the City and from the sale of
recyclable material collected within the City. Franchisee shall also pay five percent
(5%) per annum of the gross revenues derived from franchised services within the City,
as defined in this ordinance, earned by subcontractors of Franchisee within the City for
services rendered pursuant to this franchise agreement.
Council Bill No. 2804
Ordinance No. 2460 Page 20
5.1.1 Gross revenue of Franchisee shall mean revenues derived by Contractor
within the City pursuant to this franchise agreement.
5.1.2 No expenses, encumbrances, or expenditures shall be deducted from the
gross revenue in determining the total gross revenue subject to the franchise fee,
except net uncollectables.
5.1.3 The compensation required in this section shall be due quarterly, on or
before the 30th day of the month following last business day of every quarter.
Franchisee shall furnish with each payment a notarized statement, executed by the
General Manager, showing the amount of gross revenue of Franchisee within the City
for the period covered by the payment computed on the basis as determined by Sub-
section 5.1, Compensation. If Franchisee fails to pay the entire amount of
compensation due to the City through error or otherwise within the time allotted for, the
unpaid balance shall be subject to a late penalty of an additional ten percent (10%), plus
interest of two percent (2%) per month on the amount of fee due and unpaid from the
date due until it is paid together with the late penalty.
5.1.4 If Franchisee is prohibited by state or federal law from paying a fee based
on gross revenues or the City is prohibited by state or federal law from collecting such a
fee, or if any legislation reduces the actual or projected amount of compensation
collected in any given year, the City Administrator may renegotiate the compensation
section of this franchise agreement.
5.1.5 Franchisee shall not separately identify its franchise fee on billing
statements to customers unless it separately identifies all costs which constitute five
percent (5%) or more of the costs paid by the revenues received from customers.
5.1.6 Nothing contained in this franchise shall give Franchisee any credit against
any ad valorem property tax levied against real or personal property within the City, or
against any local improvement assessment or any business tax imposed on Franchisee,
or against any charges imposed upon Franchisee including permit and inspections fees
or reimbursement or indemnity paid to the City.
5.2 Insurance. Franchisee shall pay, save harmless, protect, defend and
indemnify the City from any loss or claim against the City on account of, or in
connection with, any activity of Franchisee in the operation or maintenance of its
facilities and services except those that arise out of the sole negligence of the City.
Franchisee shall, for the purposes of carrying out the provisions of this agreement, have
in full force and effect, and file evidence with the City Administrator the following
requirements:
5.2.1 Workers' Compensation insurance as required by Oregon Law, including
Employers Liability Coverage.
5.2.2 Commercial General Liability insurance as broad as Insurance Services
Council Bill No. 2804
Ordinance No. 2460 Page 21
Office (ISO) form CG 00 01, providing Bodily Injury, Property Damage and Personal
Injury on an occurrence basis with the following as minimum acceptable limits:
Bodily Injury and Property Damage - Each Occurrence $2,000,000
Personal Injury - Each Occurrence $2,000,000
Products & Completed Operations - Aggregate $3,000,000
General Aggregate $3,000,000
5.2.3 Business Automobile Liability as broad as Insurance Services Office (ISO)
form CA 00 01, providing bodily injury and property damage coverage for all owned,
non -owned and hired vehicles, with the following as minimum acceptable limits:
Bodily Injury and Property Damage - Each Occurrence $1,000,000
5.2.4 Franchisee shall furnish the City Administrator with Certificates of
Insurance and with original endorsements for each insurance policy (if needed). All
certificates and endorsements are to be received and approved by the City
Administrator before the effective date of this ordinance. The Commercial General
Liability Certificate shall name the City of Woodburn, its officers, officials, employees
and agents as Additional Insureds as respects to operations performed under this
franchise agreement.; Franchisee shall be financially responsible for all pertinent
deductibles, self-insured retentions and/or self insurance. All such deductibles,
retentions, or self-insurance must be declared to and approved by the City
Administrator.
5.2.5 Any Certificate shall state, "Should any of the above described policies be
canceled before the expiration date thereof, the issuing company will mail 30 days
written notice to the certificate holder named to the left." Any "will endeavor to" and "but
failure to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents or representatives." shall be omitted.
5.3 Hold Harmless. The Franchisee agrees 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. The City shall tender the defense to the Franchisee , and Franchisee shall
accept the tender whereupon the City shall assign to Franchisee, complete
responsibility of litigation including choice of attorneys, strategy and any settlement.
5.3.1 Franchisee's costs incurred in satisfying its obligations as defined in 5.3
above, shall not decrease the total amount of compensation paid to the City and shall
not increase the total amounts paid by the ratepayers for which Franchisee serves
under the authority of the franchise agreement. All such expenses shall be the sole
responsibility and burden of Franchisee.
Council Bill No. 2804
Ordinance No. 2460 Page 22
5.3.2 Damages. Damages and penalties under this Section 5.3 include, but shall
not be limited to, damages arising out of personal injury, property damage, copyright
infringement, defamation, theft, and fire Franchisee.
Section 6 - Administration and Enforcement
6.1 Customer Dispute Resolution Process.
6.1.1 Any citizen of Woodburn who is aggrieved or adversely affected by any
application of the franchise or policy of Franchisee shall first attempt to settle the
dispute by notifying Franchisee of the nature of the dispute and affording Franchisee the
opportunity to resolve the dispute.
6.1.2 If the dispute is unresolved, the citizen may contact the City Administrator.
The City Administrator may require a written description of the dispute from either party,
and shall attempt to mediate and resolve the grievance with the citizen and Franchisee.
6.1.3 If the dispute is still unresolved, the citizen or Franchisee may appeal to the
City Council who shall hear the dispute. The decision of the City Council shall be final
and binding.
6.2 Penalties and Procedures. Subject to the requirement of prior notice as set
forth in Section 6.3 below, for violations of this ordinance occurring without just cause,
the City Administrator may assess penalties against Franchisee as follows:
6.2.1 For failure to adhere to material provisions of this franchise, as defined in
Section 6.4.1, Two Hundred Fifty Dollars ($250.00) per day for each provision not
fulfilled.
6.2.2 For failure to comply with Oregon Occupational Safety and Health
Administration and Oregon Department of Transportation safety requirements or
Oregon Department of Environmental Quality rules and regulations, the penalty shall be
Two Hundred Fifty Dollars ($250.00) per day, per occurrence.
6.2.3 For failure to comply with any provision of this franchise, for which a penalty
is not otherwise specifically provided, the penalty shall be One Hundred Twenty Five
Dollars ($125.00) per day, per occurrence.
6.2.4 For failure to comply with reasonable requests of the City Administrator
related to service, the penalty shall be One hundred Dollars ($100.00) per day per
request.
6.3 Procedure for Imposition of Penalties.
6.3.1 Whenever the City Administrator finds that Franchisee has violated one (1)
Council Bill No. 2804
Ordinance No. 2460 Page 23
or more terms, conditions or provisions of this franchise, a written notice, or a verbal
notice followed by a written notice, shall be given to Franchisee informing it of such
violation or liability. If the violation concerns requirements mandated by the Oregon
Occupational Health and Safety Administration or the Oregon Department of
Environmental Quality, a verbal notice followed by a written notice may be given. For
these safety or public health violations, Franchisee shall have 24 hours from notification
to correct the violation. For all other violations and liabilities the written notice shall
describe in reasonable detail the specific violation so as to afford Franchisee an
opportunity to remedy the violation. Franchisee shall have ten (10) days subsequent to
receipt of the notice in which to correct the violation. Franchisee may, within five (5)
days of receipt of notice, notify the City Administrator that there is a dispute as to
whether a violation or failure has, in fact, occurred. Such notice by Franchisee to the
City Administrator shall specify with particularity the matters disputed by Franchisee.
6.3.2 The City Council shall hear Franchisee's dispute at its next regularly or
specially scheduled meeting. The Council shall supplement its decision with written
findings of fact.
6.3.3 If after hearing the dispute the claim is upheld by the Council, Franchisee
shall have ten (10) days from such a determination to remedy the violation or failure.
Penalties shall accrue from time of initial notification until such time as the violation or
failure is resolved to the satisfaction of the City Administrator.
6.3.4 Franchisee shall be liable for full payment of all penalties imposed under
this section.
6.4 City's Right to Revoke. In addition to all other rights which the City has
pursuant to law or equity, the Council reserves the right to revoke, terminate, or cancel
this franchise, and all rights and privileges pertaining thereto, in the event that:
6.4.1 Franchisee violates any of the following provisions of this franchise which
are deemed to be material to the performance of the franchise, and fails to cure such
violation in accordance with Section 6.3:
Standards for Collection and Disposal of Solid Waste and Recyclable Materials
(Section 3)
Compensation (Section 4 )
Insurance (Section 5)
Assignment or Sale of Franchise (Section 8)
6.4.2 Franchisee practices any fraud upon the City or customer.
6.4.3 Franchisee becomes insolvent, unable or unwilling to pay its debts, or is
adjudged bankrupt.
6.4.4 Franchisee misrepresents a material fact in the negotiation of, or
renegotiation of, or renewal of, the franchise.
Council Bill No. 2804
Ordinance No. 2460 Page 24
6.4.5 After conducting a public hearing and documenting in findings of fact that it
is in the best interest of the public to do so.
6.5 Enforcement.
6.5.1 The City Administrator shall have the right to observe and inspect all
aspects of collection operations, facilities, services, and records which are subject to the
provisions of this franchise, to insure compliance.
6.5.2 If Franchisee at any time fails to promptly and fully comply with any
obligation of this agreement after receiving a written notice and a reasonable
opportunity to comply, the City Administrator may elect to perform the obligation at the
expense of Franchisee.
6.5.3 If Franchisee defaults in any of the terms required to be performed by it
under the terms of this franchise, and the default continues for ten (10) days after
written notification by the City Administrator, this franchise may, at the option of the
Council, become null and void.
6.5.4 The City Administrator reserves the right to make such further regulations
as may be deemed necessary to protect the interests, safety, welfare and property of
the public and carry out purposes stated in Section 3 of this franchise agreement. The
City Administrator or Franchisee may propose amendments to this franchise. Proposals
shall be in writing and shall be afforded an adequate review process. After review of the
proposed amendments to the franchise, the Council may adopt the amendments.
6.5.5 All remedies and penalties under this franchise agreement, including
termination, are cumulative, and the recovery or enforcement of one is not a waiver or a
bar to the recovery or enforcement or any other recovery, remedy or penalty. In
addition, the remedies and penalties set out in this ordinance are not exclusive, and the
City reserves the right to enforce the penal provisions of any other ordinance, statute or
regulation, and to avail itself of any all remedies available at law or in equity. Failure to
avail itself of any remedy shall not be construed as a waiver of that remedy. Specific
waiver of any right by the City for a particular breach shall not constitute a general
waiver of the City's right to seek remedies for any other breach, including a repetition of
the waived breach.
6.6 Non -enforcement by the City. Franchisee shall not be relieved of its
obligation to comply with any of the provisions of this franchise by reason of any failure
of the City Administrator to enforce prompt compliance.
6.7 Written Notice. All notices, reports, or demands required to be given in
writing under this franchise shall be deemed to be given when a registered or certified
mail receipt is returned indicating delivery as follows:
If to the City: City of Woodburn
Council Bill No. 2804
Ordinance No. 2460 Page 25
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Mary Tennant, City Recorder
If to Franchisee: United Disposal Service, Inc
P.O. Box 608
Woodburn, Oregon 97071
Attn: Robin Murbach, General Manager
Such addresses may be changed by either party upon written notice to the other party
given as provided in this section.
Section 7 - Public Responsibilities
7.1 Excluded Waste. No person shall place hazardous wastes or excluded
waste for collection or disposal by Franchisee at the curbside. Hazardous waste and
excluded waste shall only be disposed at collection events for this specific purpose.
7.2 Accumulation of Waste. No person shall accumulate or store waste that is
unsightly or in violation of the City's nuisance ordinance, or in violation of regulations of
the Oregon Environmental Quality Commission.
7.3 Approved Receptacles. No customer shall use any waste collection
receptacle unless it is supplied by or approved by Franchisee.
7.4 Safe Loadinq Requirements. No stationary compactor, can, cart or
container for residential, commercial or industrial use shall exceed the safe loading
requirements designated by Franchisee.
7.5 Access to Receptacle. No receptacle shall be located behind any locked or
latched gate or inside of any building or structure unless authorized by Franchisee. No
person shall block the access to a receptacle.
7.6 Safe Access. Each customer shall provide safe access to the solid waste or
solid waste receptacle without hazard or risk to Franchisee.
7.7 Can/Cart Placement. Placement of cans/carts must be within three (3) feet
of curb but shall not restrict access to bicycle lanes or sidewalks and shall not be
blocked by vehicles or other items. Items not for collection must be at least three (3)
feet from cans/carts. Placement of cans/carts is limited to a time period of 24 hours
prior to pick-up and 24 hours after pick-up. Cans/carts within alleys shall be placed to
accommodate collection vehicles.
7.8 Clean Cans/Carts and Surrounding Areas. Generators or producers of
waste shall clean cans/carts and shall keep the area around cans/carts and containers
free of accumulated wastes.
Council Bill No. 2804
Ordinance No. 2460 Page 26
7.9 Removal of Solid Waste Prohibited. No person, other than the person
producing the materials contained therein, or an officer, employee or permittee of the
City, or an employee of the Franchisee shall interfere with any solid waste receptacle,
compact the contents of a receptacle, or remove any such receptacle or its contents
from the location where the same has been placed by the person so producing the
contents of said container. This subsection does not apply to the purchase of materials
for fair market value as exempted by Section 2, 2.6 of this ordinance.
7.10 Collection of Solid Waste Prohibited. No person shall remove the lid
from any solid waste receptacle, nor enter into such solid waste receptacle, nor shall
any person collect, molest, compact or scatter solid waste placed out for collection and
resource recovery, except the person so producing the materials contained therein, or
an officer, employee or permittee of the City, or an employee of the Franchisee.
7.11 Disposal of Unauthorized Solid Waste Prohibited. No unauthorized
person shall remove the lid from or interfere with any solid waste receptacle to deposit
solid waste into such receptacle.
7.12 Stationary Compactor. No person shall install a stationary compacting
device for handling of solid wastes unless it complies with all applicable federal, state,
and local laws and regulations. Franchisee shall not service any such device unless
these requirements are adhered to at all times.
7.13 Train System. No person shall install or operate a "train system" for the
purpose of solid waste collection under this franchise agreement.
7.14 Penalties. In addition to, and not in lieu of any other available legal
remedies, a violation of sections 7.1, 7.2, 7.6, 7.8, 7.9, 7.10, 7.11, or 7.12 of this
Ordinance constitutes a Class 2 Civil Infraction, which shall be processed according to
the procedures contained in the Woodburn Infraction Ordinance. Each day of continued
violation is a separate offense and is separately punishable, but may be joined in a
single prosecution.
Section 8 — Miscellaneous
8.1 Transfer of Ownership or Control
8.1.1 This franchise shall not be sold, assigned, transferred, leased or disposed of
either in whole or in part, in any manner, nor shall title thereto, either legal or equitable,
or any right, interest or property therein, pass to or vest in any person or entity without
the prior written consent of the City Council, which consent shall not be unreasonably
withheld.
8.1.2 Franchisee shall promptly notify the City of any actual or proposed change
in or transfer of, or acquisition by any other party of control of the Franchisee. The word
Council Bill No. 2804
Ordinance No. 2460 Page 27
"control" as used herein is not limited to majority stockholders, but includes actual
working control in whatever manner exercised. Every change, transfer or acquisition of
control of the Franchisee shall make this Franchise subject to cancellation unless and
until the City Council has consented thereto.
8.1.3 The parties to the sale or transfer of this franchise agreement shall make a
written request to the City Council for its approval and furnish all information reasonably
required for City Council consideration.
8.1.4 The City Council's approval shall be based upon the financial responsibility
of the party whom the franchise is proposing for sale, assignment or transfer. In
reviewing a request for sale or transfer, the City Council may inquire into tthe financial
capability, technical ability, legal qualifications, demonstrated ability, and experience of
the prospective controlling party or transferee to comply with the terms of the franchise
as determined by the City, and must agree to comply with all provisions of the franchise
agreement.
8.1.5 The City shall be deemed to have approved the proposed transfer or
assignment in the event that its decision is not communicated in writing to the
franchisee within 90 days following receipt of written notice of the proposed transfer.
8.1.6 Within thirty (30) days of any transfer or sale, if approved or deemed granted
by the City Council, Franchisee shall file with the City a copy of the deed, Agreement,
lease, bill of sale, stock power or other written instrument evidencing such sale or
transfer of ownership or control, certified and sworn to as correct by the Franchisee and
the transferee.
8.2 Performance Bond. As part of any assignment or transfer of franchise, as
provided in Subsection 8.1, Franchisee shall provide a performance bound in the a form
acceptable to the City, in the amount of $1,000,000 with a surety licensed to do
business in the State of Oregon conditioned upon the full and faithful performance of
this franchise agreement and franchise and this chapter.
8.3 Change of Law; Amendment of Franchise Agreement.
8.3.1. It is the intent of the parties that this Agreement may be amended from
time to time to conform to any changes in the controlling federal or state law or other
changes material to this agreement. Each party agrees to bargain in good faith with the
other party concerning such proposed amendments.
8.3.2 This Agreement may be amended or terminated by the mutual consent of
the parties and their successors -in interest.
8.3.3 To the extent any lawful City rule, ordinance or regulation is adopted on a
jurisdiction -wide basis and is generally imposed on similarly situated persons or entities,
the rule, ordinance or regulation shall apply without need for amendment of this
Council Bill No. 2804
Ordinance No. 2460 Page 28
Agreement. City shall provide Franchisee notice of any such change in law prior to its
adoption.
8.4 Severability and Constitutionality. If any portion or phrase of this ordinance
is for any reason held invalid or declared unconstitutional by any court, such portion
shall be deemed a separate and independent provision, and such holding shall not
affect the constitutionality of the remaining portion hereof. The council hereby declares
that it would have passed this ordinance and each portion and phrase hereof,
irrespective of the fact that any one (1) or more portions or phrases be declared illegal,
invalid or unconstitutional. If, for any reason, the franchise fee under Section 5 of this
ordinance is invalidated or amended by the act of any court or governmental agency,
the City Administrator may either renegotiate the compensation section of this
agreement or adopt the highest reasonable franchise fee allowed by such court or other
governmental agency as the franchise fee charged by this ordinance.
8.5 Continuity of Service Mandatory. Upon expiration or the termination of this
franchise, the City Administrator may require Franchisee to continue to operate the
system for an extended period of time, not to exceed twelve (12) months. Franchisee
shall, as trustee for its successor in interest, continue to operate under the terms and
conditions of this franchise. In the event Franchisee does not so operate, the City
Administrator may take such steps as deemed necessary to assure continued service to
subscribers. Costs associated with such actions shall be the sole responsibility of
Franchisee.
8.6 Rules of Construction. This ordinance shall be construed liberally in order to
effectuate its purposes. Unless otherwise specifically prescribed in this ordinance, the
following provisions shall govern its interpretation and construction:
8.6.1 The singular may include the plural number, and the plural may include the
singular number.
8.6.2 "May" is permissive and "shall" is mandatory.
8.7 Calculation of Time. Time shall be computed so as to exclude the first and
include the last day of the prescribed or fixed period of time unless stipulated otherwise
in this agreement. When the last day of the period falls on Saturday, Sunday, or a legal
holiday, that day shall be omitted from the computation.
Council Bill No. 2804
Ordinance No. 2460 Page 29
8.8 Repeal; Effective Date. This ordinance shall repeal Ordinance 1641. If this
ordinance is void for any reason, Ordinance 1641 shall remain repealed in its entirety.
This ordinance shall be in full force and effect as of the date indicated below, but this
ordinance shall be void unless Franchisee files with the City Recorder, within 30 days,
Franchisee's unconditional written acceptance of the terms, conditions, and obligations
to be complied with or performed by it under this ordinance.
Approved as to form:
City Attorney Date
APPR ED:: i
Mayor; t'
J d'
Passed by the Council: Novkbuer,-23, 2009
Submitted to the Mayor: November 25, 2009
Approved by the Mayor: November 25, 2009
Filed in the Office of the Recorder: November 25, 2009
ATTEST
Rec rder
City of Woodburn
ACCEPTED BY FRANCHISEE this day of , 2009:
By
United Disposal Service, Inc.
dba Allied Waste Services of Marion County -Woodburn
Council Bill No. ' 2804
Ordinance No. 2460 Page 30
8.8 Repeal, Effective Date. This ordinance shall repeal Ordinance 1641. If this
ordinance is void for any reason, Ordinance 1641 shall remain repealed in its entirety.
This ordinance shall be in full force and effect as of the date indicated below, but this
ordinance shall be void unless Franchisee files with the City Recorder, within 30 days,
Franchisee's unconditional written acceptance of the terms, conditions, and obligations
to be complied with or performed by it under this ordinance.
Approved as to form: K? /
City Attorney
APPROVED:'
Mayor
Passed by the Council:
Submitted to the Mayor:
Approved by the Mayor:
Filed in the Office of the Recorder:
ATTEST
Rec rder
City of Woodburn
I�_ -_�o— 2 0 o "k
Date
�-t
ACCEPTED BY FRANCHISEE this day of Q� ' 2009:
By
United Dis sal ervi .
dba Allie Waste Services of Marion County -Woodburn
Council Bill No. 2804
Ordinance No. 2460 Page 30
Nov&ILer`23,
2009
November 25,
2009
November 25,
2009
November 25,
2009
�-t
ACCEPTED BY FRANCHISEE this day of Q� ' 2009:
By
United Dis sal ervi .
dba Allie Waste Services of Marion County -Woodburn
Council Bill No. 2804
Ordinance No. 2460 Page 30