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Ord 2552 - Solid Waste Franchise - United Disposal REPUBUC
SERVICES
ACCEPTANCE
City Administrator
City of Woodburn
270 Montgoniery St.
Woodburn, OR 97071,
This is to advise the City of Woodburn, Oregon that United .Disposal Service, Inc. dba
Republic Services of'Marion County-Woodburn hereby accepts the terms and provisions of
Ordinance No. 2552 as amended by Ordinance 2554 granting to Franchise for seven (7)
years. The Grantee agrees to abide by each and every term of the Franchise,
Dated this Aday.of -Ck(4,6Lq 201.8.
Trrl.,E:— r" '. t–A
United Disposal Service, Inc.
dba Republic Services of Marion CCanty- r'oodbnarn
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COUNCIL BILL NO. 3055
ORDINANCE NO. 2552
AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING, WITHOUT
LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE TO UNITED
DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC 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 Goal's.
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..
Council Bill No. 3055
Ordinance No. 2552 Page 1
tl tl
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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
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:
"Applicable Law" means any applicable law (whether statutory or
common), including ordinances, regulations, rules, governmental orders,
governmental decrees, judicial judgments, and requirements of any kind
and nature promulgated or issued by any governmental authority claiming
or having jurisdiction.
"Bin" means container provided by Franchisee, used by customers for the
containment and disposal of recyclable material.
"Can" means container 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 container 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
Council Bill No. 3055
Ordinance No. 2552 Page 2
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.
"Container" means can, cart, bin, drop box, receptacle, 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.
"Dispose or Disposal" means the accumulation, storage, discarding,
collection, removal, transportation, recycling or resource recovery of solid
waste.
"Drop Box" means a single container 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 waste; household hazardous waste;
infectious waste; toxic substances, wastes or pollutants; contaminants;
pollutants; or radioactive wastes.
"Franchisee" means UNITED DISPOSAL SERVICE, INC., AN OREGON
CORPORATION, dba REPUBLIC 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
Council Bill No. 3055
Ordinance No. 2552 Page 3
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, but is not limited to, any amount of waste listed
or characterized as hazardous by the United States Environmental
Protection Agency or any state agency pursuant to the Resource
Conservation and Recovery Act, and including future amendments
thereto, and any other Applicable Law including, but not limited to, 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.
"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,
Council Bill No. 3055
Ordinance No. 2552 Page 4
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.
"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 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, and dead animals 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,
Council Bill No. 3055
Ordinance No. 2552 Page 5
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 containers (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 container 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
ordinance, the City Council hereby grants to UNITED DISPOSAL SERVICE, INC. , AN
OREGON CORPORATION, dba REPUBLIC 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.
Council Bill No. 3055
Ordinance No. 2552 Page 6
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.
2.3 Term.
(a)This franchise ordinance and the rights and privileges granted herein
shall take effect February 26, 2018 and remain in effect for a term of seven
(7) years.
Council Bill No. 3055
Ordinance No. 2552 Page 7
(b) Upon an affirmative finding based on its annual review of the material
submitted pursuant to Sections 3.15 and 3.16, 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 REPUBLIC
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 REPUBLIC 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. Ownership of, and
liability for, excluded waste remains with the generator and will not pass to
Franchisee. Nothing in the Ordinance shall be construed as giving rise to any
inference that Franchisee has title to or liability for excluded waste.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 8
2.7 Separation of Waste. The City Council reserves the right to require the
separation of component parts or materials in or from solid wastes, and to require
the deposit thereof in containers or places and to prescribe the method of
disposal or resource recovery.
2.8 City ,+ uthorit . 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 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.
3.1.4 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 6:30 am and 5:30 pm, Monday through Friday.
All collections shall be made as safely, efficiently and quietly as possible.
3.1.5 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 some requirements and within the same
hours as those made for solid waste.
3.1.6 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.
3.1.7 Provide will-call service for container service for residential and
commercial customers within 48 hours of initial request for service.
Council Bill No. 3055
Ordinance No. 2552 Page 9
3.1.8 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.
3.1.9 Use reasonable care in handling all collection containers 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.
3.1.10 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.
3.1.11 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.
3.1.12 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.
Council Bill No. 3055
Ordinance No. 2552 Page 10
3.1.13 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 weekends, prior to the date of discontinuance.
3.1.14 Notify, in the event of permanent 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.
3.1.15 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.
3.1.16 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.
3.1.17 Continue collection services except in situations beyond Franchisee's
control, including street or road blockages, riots, terrorist attacks, compliance with
applicable laws or governmental orders, inclement weather conditions, fires,
floods, or other natural or man-made disasters. 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.
3.1.18 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
Council Bill No. 3055
Ordinance No. 2552 Page 11
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 For residential customers with regular weekly solid waste service,
provide 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 bins 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.
Council Bill No. 3055
Ordinance No. 2552 Page 12
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 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. Franchisee 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:
Council Bill No. 3055
Ordinance No. 2552 Page 13
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 the City.
3.4.4 Maintain a website that allows customers to access information
regarding 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 and educational outreach, 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
Council Bill No. 3055
Ordinance No, 2552 Page 14
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 Waste shed. Coordinate recycling efforts with other solid waste
collection efforts in the Marion County Waste shed to further enhance recycling
and recovery, efforts, and to meet waste shed recovery goals as mandated by
the state.
3.7 Additional Recycling Re uirements.
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.
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
disposal.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 15
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 containers, in the central business district of the City,
including the Woodburn Downtown Plaza, except holidays.
3.8.5 Franchisee shall provide once weekly solid waste collection and
disposal service for all City accounts at no charge to the City:
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 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
Council Bill No. 3055
Ordinance No. 2552 Page 16
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 Egulpment 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.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 17
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, 65, and 90 gallon
capacity. Yard debris carts shall be 90 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, , and of rodent proof
construction and not subject to cracking or splitting. The City Administrator has
the right to approve all containers provided by Franchisee for use in the City and
may require additional or alternative container 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 ten business days 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 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
Council Bill No. 3055
Ordinance No. 2552 Page 18
collect, excluded waste. Employees who do handle such excluded waste shall
be properly trained.
3.14 Right-of-Wa
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 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
operations. The supervisor shall devote an adequate portion of his/her workday
in the field checking on collection operations, including responding to issues.
Council Bill No. 3055
Ordinance No. 2552 Page 19
3.16 Annual Customer Service Reporting Standards. Franchisee shall
provide annual reports to the City Administrator by April 30th 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 April 30th 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.
Council Bill No. 3055
Ordinance No. 2552 Page 20
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.
3.17.6 Document industry trends and direction of Franchisee over the next
several 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 taxes,
Council Bill No. 3055
Ordinance No. 2552 Page 21
fees, and other governmental assessments, 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.
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 its sole discretion and with appropriate
documentation submitted by Franchisee, grant an interim or emergency rate for
changes in service, including pilot programs.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 22
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 Con enation. 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 receipts 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 receipts 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.
5.1.1 Gross receipts of Franchisee shall mean revenues derived by
Contractor within the City pursuant to this franchise agreement, net of discounts
and uncollectables.
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
an officer of Franchisee, showing the amount of gross receipts 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 receipts 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
Council Bill No. 3055
Ordinance No. 2552 Page 23
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 Ins uuonce. 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 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 Policy shall name the City of Woodburn, its officers, officials,
Council Bill No. 3055
Ordinance No. 2552 Page 24
employees and agents as Additional Insureds as respects to operations
performed under this franchise agreement via blanket form endorsement.
Franchisee shall be financially responsible for all pertinent deductibles, self-insured
retentions and/or self insurance.
5.2.5 Franchisee shall notify the City at least 30 days prior to cancelling any
insurance policy covered under Section 5.
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.
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.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 25
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 ) 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.
Council Bill No. 3055
Ordinance No. 2552 Page 26
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 Ri hit 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.
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.
Council Bill No. 3055
Ordinance No. 2552 Page 27
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
270 Montgomery Street
Woodburn, Oregon 97071
Attn: Heather Pierson, City Recorder
If to Franchisee: United Disposal Service, Inc
Council Bill No. 3055
Ordinance No. 2552 Page 28
P.O. Box 608
Woodburn, Oregon 97071
Attn: Gregg Brummer, Vice President
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 'haste. 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 Containers. No customer shall use any waste collection
container unless it is supplied by or approved by Franchisee.
7.4 Safe Loading Re u'irements. 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 Container. No container 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 container.
7.6 Safe Access. Each customer shall provide safe access to the solid waste
or solid waste container without hazard or risk to Franchisee.
7.7 CanZCart 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 Surroundin 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. 3055
Ordinance No. 2552 Page 29
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
container, compact the contents of a container, or remove any such container
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 container, nor enter into such solid waste container, 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 container to
deposit solid waste into such container.
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, any violation of Section 7 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
Council Bill No. 3055
Ordinance No. 2552 Page 30
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 "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 the 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. The City shall treat such instrument or other
documentation as confidential, as permitted by Applicable Law, if Franchisee
requests confidential treatment for any such document in writing
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 e Al reemnt.
Council Bill No. 3055
Ordinance No. 2552 Page 31
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 Agreement. City shall provide Franchisee notice of any such
change in law prior to its adoption.
8.4 Severalbility 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.
Council Bill No. 3055
Ordinance No. 2552 Page 32
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.
8.8 its eal; 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
APPROVD:
May r
Passed by the Council: l "
Submitted to the Mayor:
Approved by the Mayor:
Filed in the Office of the Recorder: w �
4
ATTEST
—)A?A'
(?&je5 �
Recorder
City of Woodburn
ACCEPTED BY FRANCHISEE this day of 2018:
By
United Disposal Service, Inc.
dba Republic Services of Marion County-Woodburn
Council Bill No. 3055
Ordinance No. 2552 Page 33
Exhibit 1
WOODBURN RATE SHEET
Effective 1/1/1
RESIDENTIAL RATES Pick up dates MgnlFrf
3avroE :SSG Ivilxed R ' c Cart.and Iain
SIZE PKG
PRICE
20 gallon
REGULAR $22.92
OPT OUT-252 RC CART $20.63
35 ga Ion
REGULAR $26.12
NON-CURB
HARDSHIP
OWN CAN
65 gallon
REGUt..AR $37.03
NON-CURB
HARDSHIP
OWN CAN
90 gallon
REGULAR $41,88
NON-CURB
HARDSHIP
OWN CAN
Return fey° 15.00:..
On-r1all pick--up-$14.00
Recycle only.$10.00
Extra canfbaglhox..$9.25 A late fee of 18% per annum with a$5.00
Request to change or switch containers$22.00 monthly minimum will be charged for
(after allowed one change n!c) non-payment after 30 days from invoice
Re `: r1' rtcontamirtated$1. OIJa date.
A$25.00 Service Interupt Fee will be
charged 45 days from invoice date
MFC Ants&Mobile Nome Parks
or more adjoining units,under one billin
SIZE WiREC
&BIN
20 gallon
35 gallon $28.75
66 gallon $39.15
90gallon 1 $44.15
Exhibit 1
WOO©BURN RATE SHEET
COMMERCIAL RATES
SIZE j- 'H$23,93 $21
XTRA
P(EXT)
35 allon .0065 allon 23.8090 allon 26.60
CBB $7.20
Yard Cart $12.60
Extra Trip(EXT)-OFF ROUTE: 114 MONTHLY RATE+$15(round to nearest$.05)
51ZE ONE TWO THREE FOUR FIVEEXTRA
(loose) XIWEEK Xl WEEK X/WEEK XIWEEK XIWEEK LTRIP
1 vard 111104.73 $207.37 $303.73 7395.90 $511.10 $41.20
1.5 and $139.07 r $275.35 $403.28 $525.67 $678.64 $49.80
2 vard $178.72 g$353.86 $518.28 $675. 5 $872.14 $59.70
$1308.213 and $268.08 $777.42 $1,013. $82,004 and $357.32
1. $1,036.23 $1.,350.67 $1,743.72 $104.30
5 and $446.56 $884.19 1 $1,295.03 $1,688.01 $1,179.22 $126.60
8 vard $528.06 $1,045.56 1 $1,531.38 $11996.07. $2,576.93 . $147.00
8 yard $704.12 $'1,394.16 12,041.95 $2,661.57 $3,436.11 $191.00
Sp,,.:ru.^.-... H"°,zg r £«'¢'�- s§ iFEiiiw..,''`a�"'w§�;t.;-'1.",„'h:.£pao�f5�„=``gY�1".p,"res'sY•�•f�[%¢Cie r4�',°°O!.�de.�d.4Sa�°•<5�@..`.»tz" �y8•p3 ' i 0�
Ld
�a
P
*Cardboard available wlweekly service for NO CHARGE ,¢
*Compacted containers charged @ 2.5 X's loose rate 'f;' - '
TEMPORARY CONTAINERS
s1ZE TOTA1 �7ELiVEI�Y 815�'05AL EXY
3 yard $166.913 1 $48.00 $117,90 $39.30/yard
Rent .ao
1 7 da s fr'om.ci lie
Day:$8.00
Month, $94-00
Exhibit 1
WOODBURN RATE SHEET
Effective 7F
INDUSTRIAL.-DROP BOX RATES
Hent char e lanDly 4 da s from f1gli—Tv
Te Per. �ntr
{more than two hauls/month}
L3ay:$12.50 I3ay:$8.50
Month:$140.00 Month:$102.00
SIZE TOTAL DELl1/ER1( HAUL C1SPO zAL CO1'iMPACTC IR HAUL
"`weight limit is 10 tons) 'Disposal:1:17°/a Of
20,000 ppunds V Ct t=rata.( 87 45).
GARBAGE 10.Yard
tip10 and $324, .9." $45x00" " .;$149:713 $13000 ,$182:26`maul
20 yard $473.91 $45.00 $168,91 $260.00 $97 47ItorS lisp.
311 ydrd . 514 45 $45.;130 3,0.00 15 yard
40 yard $777.28 $45.00 $212;28:.; $520.00 $193 93"1 fh"aui
'$97 07/fcirt dtsp:, :;,
20 yard
Unacceptable drop box items: $205 55 fiaul
Hazardous materials,televisions,computer monitors and modems, .$07 07ltan dis
25 yard
Fires and appliances will incur additional disposal costs(per item); $217 17!haul
_.... $97.07/ton dis
30 yard
Passenger without rims $6.00 $21717/haul
Passenger with rim $7.00 $97 07ton dis .
Truck without rims $11.00 40 yard
Truck with rims $17.00 $253.37.(haul :.
Tractor-falls under hourly labor rate $97 07%tar)dtsp. ;
Large appliances that contain Freon $35.00
Large appliances without Freon NIC
Exhibit 1
WOODBURN SUPPLEMENTAL SERVICES
E-Nective11/1/16
TYPE OF SERVICE RATE
Hourly labor rates (port to port):
$2.50/minute(one person,one truck)
$3.501minute(two persons,one truck)
Special services not listed:
Hauler will charge the reasonable cost of collection and disposal.
Charge to be related to a similar schedule fee where possible.
Appliances:
._
Large appliances that contain Freon (accessible @ curb) $34.00
Large appliances without Freon(accessible @ curb) $12.00
Bathtub/Sink/Toilet:
Fiberglass tub/shower $17.00
Cast iron tub/shower $negotiable
Toilet $15.00
Sinks $15.00
Car Batteries:
Return to place or purchase or call recycle hotline for drop off locations,
503.588.5169
For Hauler to pick up at curb $15.00
Carpets:
Wet/dry $39.00/yard
Christmas Trees:
Tinsel or flocked trees-garbage disposal rates would apply $17.00
Residential Green-picked up at curb:
Two weeks following Christmas day: $0.00
Commercial(accessible @ curb) $17.00
Large furniture: $34.00
(per item)
Small furniture: $23.00
(per item)
Hide-a-bed: $34.00
(per item)
Mattresses:
Twin mattress $12.00
Twin box spring $12.00
Double/queen mattress $17.00
Double/queen box spring $17.00
King mattress $23.00
King box spring $23.00
Exhibit 1
Customers shall not place hazardous chemicals, paints, corrosive materials, hot ashes or dirtirocks
into the carts or bins.
Damaged carts or bins due to noncompliance with the above restrictions,or unretrieved carts or
bins may be replaced by the hauler the below cost to the customers;
Damaged or unretrieved_carts_or bin:
Cart: $82,00 Each
Bin $15.00 Each
V_a_cation._credit.
Therewillbe a prorated credit allowed on the regular monthly charge for service which is canceled
for two weeks or more,when Hauler is notified no later than noon on the business day,excluding
weekends, prior to the date of discontinuance.
No credit will be allowed for service which is canceled for less than two weeks.
Return trip fee;
Where the customer does not have the cart,container or drop box at the regular location ready to
be emptied when the hauler's truck arrives is subject to a return trip fee as detailed on the rate
structure spreadsheets.
Manual:Service Char
Receptacles)must be located in a single location with acceptable vehicle turning radius and
adequate drive up access. Receptacle(s)must be accessible without manual movement, if manual
movement by driver is required in order to service receptacle(s),
a monthly manual service charge will apply.
Bankruntev and account closures for failure to-pay.
Payment of service provided and two months advance payment required for residential and
commercial service. Payment Is due at delivery of service for industrial service.
Service interru tfeellate fees:
A late fee of 18% per annum with a$5.00 monthly minimum will be charged for
non-payment after 45 days from invoice date for all lines of business.
Flat fee of$25.00 will charged after 60 days of non-payment for all lines of
business.
