HomeMy WebLinkAboutCouncil Resolution 1037RESOLU'CION NO. ~ ~~
A RESOLtiTION APPROVING REVISIONS TO EXHI131T 13 OE THE SOLiD WASt'E
& RECYCLING COLLECTION FRANCHISE AGREEMENT.
WHF,REAS, Rogue Disposal and Recycling selves as the Citys contractor for the
collection and removal of solid waste, recycling and yard waste; anti
WHEREAS, Rogue Disposal and Recycling has changed certain collection procedures in
order to improve collection service to their customers in Central Point; and
WHEREAS, the City of Central Point believes that these changes iu procedures will
improve the health and safety of it's residents,
NOW, "I'HEI2EFORE, BE IT RESOLVED, that the City Council of the City of Central
Point, Oregon, does hereby accept the revisions to the Solid Waste franchise with Rogue
Disposal as described in the attached Exhibit B.
Passed by the Council and signed by me in authentication of its passage this 18°i day of
November, 2004. /~ ~ ~~j~,,,
,~ Mayor Hank Williams
A
City Recorder
~~
Approved by me this ~~ t day of ~ ~u~~~~_~ ,2,004.
~„ ~ L~~-
Mayor Hank Williams
EXHIBIT B
TO COLLECTION FRANCHISE AGREEMENT
SOLID WASTE & RECYCLING COLLECTION
SERVICES
EXHIBIT B -CENTRAL POINT
EXHIBIT B
SOLID WASTE AND RECYCLING COLLECTION SERVICES
1. Certain Definitions and Service Categories
As used in this Exhibit B, the following terms shall have the respective meanings set
forth below in this Section 1. Other capitalized terms used in this Exhibit B and not
specifically defined herein shall have the respective meanings assigned thereto in the Solid
Waste Collection Franchise Agreement to which this Exhibit B is attached.
"Black Lid Cart" means a Receptacle with a black lid provided by the Contractor to
a Customer for the purpose of holding Solid Waste (other than source separated Yard
Debris and Recyclable Material) generated by the Customer pending collection thereof by
the Contractor.
"Black Cart Service" means Solid Waste Collection service provided by the
Contractor to a Customer that utilizes a Black Lid Cart as the Receptacle.
"Cart" means a Red Lid Cart, a Black Lid Cart or a Green Lid Cart.
"Cart Service" means Solid Waste Collection service provided by the Contractor to
a Customer that utilizes a Cart as the receptacle. Cart Service is generally provided to
single family residential Customers.
"Compactor" means a Front Load Compactor or a Roll-Off Compactor.
"Compactor Service" means Solid Waste collection service provided by the
Contractor to a Customer that utilizes a Compactor as the Receptacle. Compactor Service
is generally provided to industrial and commercial Customers, but may also be provided
from time to time to other Customers upon the Customer's request.
"Container" means a Front Load Container, a Rear Load Container or a Tub.
"Container Service" means Solid Waste collection service provided by the
Contractor to a Customer that utilizes a Container as the Receptacle. Container Service is
generally provided to industrial and commercial Customers, but may also be provided from
time to time to other Customers upon the Customer's request.
"Delivered for Collection" shall have the applicable meaning set forth below,
depending on the type of service a Customer has contracted for:
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EXHIBIT B -CENTRAL POINT
(a) Cart Service: When used with respect to Cart Service, Solid Waste
shall be deemed to be "Delivered for Collection" when the Cart Service Customer
has:
(1) Loaded such Solid Waste in the Cart without exceeding authorized
load limits as determined by Contractor; and
(2) placed such Loaded container in a visible location that is both
accessible to Contractor's Collection vehicle and is such that the Cart may be
mechanically emptied into the Collection vehicle, as follows:
(A) in areas where Collection is not made in a Qualified Alley,
at the curb or edge of the street that constitutes the Contractor's
regular residential Collection route for such Customer; or
(B) in a Qualified Alley;
(3) such Cart shall not be deemed to be "Delivered for
Collection" if the Contractor must enter garages or other buildings, or go
into enclosed areas, through closed gates or up or down stairs, to retrieve
the Cart or allow the Cart to be mechanically emptied into its Collection
vehicle; prodded thatupon the specific request of a Cart Service Customer,
Contractor may provide for the pick up of the Cart from an area other than a
curb or edge of street or Qualified Alley and may impose on such Cart
Service Customer an additional charge for such special service.
(b) Drop Box Service, Container Service and Compactor Service:
When used with respect to Container Service, Drop Box Service, Compactor Service,
or Tub Service, Solid Waste shall be deemed to be "Delivered for Collection"
when the Customer has:
(1) Loaded such Solid Waste in the Receptacle without exceeding
authorized load limits as determined by Contractor; and
(2) placed such Loaded Receptacle in a visible location (which may
be a Qualified Alley) that is directly accessible to the Contractor's Collection
vehicle without the need to move such Receptacle; provided that if the
Receptacle has wheels and is of such a size that, when fully Loaded, it can be
safely and easily moved by a single adult person of average strength, the
Receptacle may be placed in a visible location (which may be a Qualified
Alley) that is such that the Receptacle does not need to be moved more
than 30 feet in order for the Collection vehicle to access the same for
EXHIBIT B -CENTRAL POINT
collection purposes; and provided that if such a wheeled Receptacle is so
placed that it must be moved more than 30 feet in order for the Collection
vehicle to access the same for collection purposes, Contractor may impose
upon the Customer an additional charge for providing such special service;
and
(3) if such Receptacle has wheels, placed such Loaded Receptacle
on a hard surface so that the Receptacle can easily be moved;
(4) such Receptacle shall not be deemed to be "Delivered for
Collection" if the Contractor must enter any garage or other building, or go
into enclosed areas, through closed gates or up or down stairs, to retrieve
the Receptacle or allow the Receptacle to be mechanically emptied into its
Collection vehicle; provided thatat the request of a Customer, the Contractor
and such Customer may make specific arrangements for picking up the Solid
Waste from a Receptacle that is not Delivered for Collection as provided
above, and the Contractor may impose reasonable additional charges for
such special services rendered pursuant to such arrangements.
(5) placed such Loaded Receptacle for collection as aforesaid no later
than 5:00 a.m. on the designated collection day.
'°Drou Box" means a receptacle with a capacity of 10 cubic yards or more that is
provided by the Contractor to a Customer for the purpose of holding Solid Waste generated
by the Customer pending collection thereof by the Contractor.
"Drou Box Service" means Solid Waste collection service provided by the
Contractor to a Customer that utilizes a Drop Box as the receptacle.
"Front Load Compactor" means a receptacle provided by the Contractor to a
Customer for the purpose of holding Solid Waste generated by the Customer pending
collection thereof by the Contractor, which receptacle compacts the Solid Waste and is
emptied into the Contractor's collection vehicle by means of front-end loading.
"Front Load Container" means a receptacle provided by the Contractor to a
Customer for the purpose of holding Solid Waste generated by the Customer pending
collection thereof by the Contractor, which receptacle is emptied into the Contractor's
collection vehicle by means of front-end loading.
"Green Lid Cart" means a receptacle with a green lid provided by the Contractor to
a Customer for the purpose of holding Yard Debris generated by the Customer pending
collection thereof by the Contractor.
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EXHIBIT B -CENTRAL POINT
"Green Cart Service" means Solid Waste Collection service provided by the
Contractor to a Customer that utilizes a Green Lid Cart as the Receptacle.
"High Volume Cardboard" means the Solid Waste generated by a commercial or
industrial Customer that consists entirely of cardboard material of a sufficient volume to
warrant, in the Contractor's judgment, the source separation of such cardboard from other
Solid Waste and Recyclable Materials and the separate Collection thereof pursuant to
Section 7.3.
"Loaded," when used with respect to a Receptacle, means the placing of Solid
Waste in such Receptacle in accordance with the following requirements:
(a) Such Receptacle must be in an upright position while Solid Waste is
being placed therein.
(b) The Solid Waste placed in the Receptacle may only be compressed by
the muscular force of a single individual standing along side such container and
pressing down on the Solid Waste with both feet on the ground The Solid Waste
shall not be compressed in the container by any mechanical means, the use of rams
of any kind, jumping on such Solid Waste when in the container, or the entry of any
person or animal into such container; provided that with respect to a Receptacle
that is a Compactor, the compacting of the Solid Waste done by such Compactor
shall be permitted.
(c) A Receptacle shall not be filled beyond the rated weight and volume
capacity thereof.
(d) Solid Waste shall not extend beyond the top edge of the Receptacle.
(e) The lid on the Receptacle must fully close without force.
(f) With respect to Recycling Services only Recyclable Materials approved
by Contractor shall be placed in Receptacles (which Recyclable Materials may be
commingled pursuant to Contractor's specifications), and no other Solid Waste.
(g) In the case of a Receptacle that is a Green Lid Cart, only Yard Debris
approved by Contractor shall be placed in such Green Lid Cart, and no other Solid
Waste.
(h) Without the prior approval and agreement of the Contractor none of
the following types of Solid Waste shall be placed in any Receptacle:
EXHIBIT B -CENTRAL POINT
(1) dirt, rocks, concrete, or bricks;
(2) liquids of any type;
(3) appliances;
(4) tires
(5) motorcycle or automobile bodies;
(6) Hazardous Waste;
(7) Medical and Infectious Waste;
(8) toxic, corrosive, reactive or flammable materials;
(9) automobile batteries;
(10) PCBs or items containing PCBs;
(il) fluorescent tubes or ballasts;
(12) sharps; and
(13) asbestos or items containing asbestos.
"QualiFed Allev" means an alley that is maintained by the City and that has:
(a) a width of 20 feet or greater;
(b) no overhead wires or vegetation which do not leave the Collection
vehicle with adequate distance to maneuver and mechanically empty the Loaded
Receptacle into the Collection vehicle; and
(c) adrive-through or turn around location adequate to permit the safe,
expeditious turn around of Contractor's Collection vehicles.
"Rear Load Container" means a receptacle provided by the Contractor to a
Customer for the purpose of holding Solid Waste generated by the Customer pending
collection thereof by the Contractor, which receptacle is emptied into the Contractor's
collection vehicle by means of rear-end loading.
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"Receptacle" means a Cart, a Container, a Drop Box, a Compactor, a Bin, a Tub, or
any other container provided by or approved by Contractor for the purpose for which such
container is to be used.
"Red Lid Cart" means a receptacle with a red lid provided by the Contractor to a
Customer for the purpose of holding commingled Recyclable Material generated by the
Customer pending collection thereof by the Contractor.
"Red Cart Service" means Recyclable Materials Collection service provided by the
Contractor to a Customer that utilizes a Red Lid Cart as the Receptacle.
"Roll-off Compactor" means a receptacle owned by the Customer, or provided by
the Contractor to a Customer, for the purpose of holding Solid Waste generated by the
Customer pending collection thereof by the Contractor, which receptacle compacts the
Solid Waste and is transported by Contractor for disposal.
"Source Separated Recyclable Materials" means Recyclable Materials that are
separated at the point of generation from other Solid Waste, and which may be co-mingled
or combined into one or more source separated recyclable material streams, subject to the
Contractor's specifications.
"Source Separated Solid Waste" means any Solid Waste that, prior to being
Loaded and Delivered for Collection, the Customer separates by composition from other
Solid Waste.
"Tub" means a receptacle with a capacity in excess of one hundred (100) gallons
provided by the Contractor to a Customer for the purpose of holding Solid Waste generated
by the Customer pending collection thereof by the Contractor.
"Tub Service" means Solid Waste Collection service provided by the Contractor to
a Customer that utilizes a Tub as the Receptacle.
"Yard Debris" is vegetative and woody material generated from residential
property, or as a result of professional landscape, construction, or maintenance activities.
It includes grass clippings, leaves, hedge trimmings, and similar vegetative waste.
2. Davs and Hours of Collection: Resolution of Noise Complaints• Dutv of
Customer to Properly Load Receptacle and Cause the Same to be
Delivered for Collection
2.1 Davs and Hours of Collection. Contractor shall make daily Collections
EXHIBIT B -CENTRAL POINT
(Monday through Saturday) of all Solid Waste Delivered for Collection (as hereinafter
defined) in the business district with special arrangements necessary for Sunday and
Holidays. Contractor shall make weekly (Monday through Friday) of all Solid Waste
Delivered for Collection (as hereinafter defined) in all residential districts. The periodicity of
business district and residential district Collections may be changed or revised from time to
time as may be approved by the Contractor and the City Manager or his designee.
2.2 Resolution of Noise Comulaints. Contractor will promptly resolve any
complaints of noise to the reasonable satisfaction of City Manager or his designee.
2.3 Dutv of Customer to Properly Load Receptacle and Cause the Same
to be Delivered for Collection. It shall be the duty and responsibility of each Customer
to proper Load each Receptacle and to cause such Receptacle to be Delivered for
Collection, all within the meaning of °'Loaded" and "Delivered for Collection" as set forth
above.
Contractor may, at its discretion, enter into arrangements with Customers for the
Collection of Solid Waste that has not been properly Delivered for Collection and may
impose reasonable additional charges for such special service.
If any Receptacle is not properly Loaded or Delivered for Collection as required,
Contractor will check its records to determine whether special arrangements have been
made with the Customer to allow for deviation from such requirements. If Contractor's
records show no such special arrangement, Contractor will call the Customer and/or tag the
Receptacle to notify the Customer that it has not been properly Loaded or Delivered for
Collection, as the case may be. Contractor may impose an extra charge on the Customer
to cover the cost of any return trip to pick up the Solid Waste from any Receptacle that was
not properly Loaded or Delivered for Collection at the time of the original trip to collect the
same.
3. Recvclina
Contractor shall provide all Customers who are City residents with the''Opportunity
to Recycle" by providing such Customers with a Red Lid Cart or other appropriate
Receptacle and shall comply with all relevant requirements of Chapter 459A of Oregon
Revised Statutes and Oregon Administrative Rules promulgated thereunder, as the same
have been implemented by the City in accordance with said Chapter 459A.
4. Cart Services
The Contractor shall provide, as part of its Cart Service, the following with respect to
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EXHIBIT B -CENTRAL POINT
all Solid Waste properly Loaded and Delivered for Collection; provided thatnothing herein
shall prevent or in any way restrict any Cart Service Customer from choosing other
Collection services offered by the Contractor or prevent or restrict the Contractor from
offering other Collection services not described herein.
4.1 Black Cart Service (Solid Waste. The Contractor shall provide
regular scheduled weekly Collection of Solid Waste for all Black Cart Service Customers
along scheduled routes in all residential districts within the Franchise Area.
4.2 Red Cart Service (Commingled and Source Separated
Recyclable Materials). Upon the request of a Red Cart Service Customer, the Contractor
shall provide such Customer with the opportunity to recycle by providing regularly
scheduled bi-weekly Collection of commingled Recyclable Materials and Source Separated
Recyclable Materials as defined by Contractor. The Contractor shall provide such Customer
with a Red Lid Cart for such recyclables that will allow its Customers to place commingled
Recyclable Materials and Source Separated Recyclable Materials into the Red Lid Cart. Bi-
weekly collection of Recyclables for a Red Cart Service Customer shall occur on the same
day that the Contractor provides Black Cart Service for such Customer. All Red Lid Carts
shall be properly Loaded and Delivered for Collection by the Customer.
4.3 Green Cart Service (Yard Debris. Upon the request of a Green
Cart Service Customer, the Contractor shall provide such Customer with Green Cart Service
on a bi-weekly basis. The Contractor shall provide such requesting Customer with a Green
Lid Cart for the Collection of Yard Debris only. Bi-weekly Collection of Yard Debris in Green
Lid Carts shall occur on the same day that the Contractor provides Black Cart Service to
such Customer. All Green Lid Carts shall be properly Loaded and Delivered for Collection
by the Customer. The charges for the Green Cart Service are set forth in Exhibit "C".
5. Solid Waste Collection from Multi-Family Residential Buildings
5.1 Solid Waste Service. The Contractor shall provide regular scheduled
weekly Collection of Solid Waste for all multi-family residential Customers within the
Franchise Area. All Receptacles used by amulti-family residential Customer shall be
properly Loaded and Delivered for Collection by the Customer.
5.2 Commingled and Source Separated Multi-Family Recvclable
Materials Collection Service. The Contractor shall provide its multi-family residential
Customers with the opportunity to recycle by providing regularly scheduled weekly or other
periodic Collection of commingled Recyclable Materials and Source Separated Recyclable
Materials, as defined by Contractor, which the Customer has properly Loaded in a Red Lid
Cart or a Container (as the case may be) and Delivered for Collection. Collection of
commingled Recyclable Materials and Source Separated Recyclable Materials from amulti-
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family residential Customer may occur on the same day as Solid Waste Collection from
such Customer.
6. Collection of Imoronerly Delivered Residential and Multi-Family Solid
Waste. The Contractor shall not be obligated to Collect from any Cart Service Customer or
any multi-family residential Customer:
(a) any waste that does not constitute Solid Waste, or
(b) Solid Waste, including commingled Source Separated Recyclable
Materials, that is improperly Loaded or otherwise improperly Delivered for
Collection.
Notwithstanding the foregoing, the Contractor may, in its sole discretion, proceed to
collect Solid Waste (including commingled Source Separated Recyclable Materials) that
does not meet the foregoing requirements and to charge the Customer reasonable
additional charges to compensate Contractor for such special service.
When the Contractor refuses to collect waste which is not Solid Waste or to collect
Solid Waste that is not properly Loaded or Delivered for Collection as required herein, the
Contractor may, without charge to the Customer, call the Customer and/or tag the
Receptacle to notify the Customer of the reasons for its refusal to collect the waste.
7. Commercial and Industrial Collection Services
7.1 Solid Waste. The Contractor shall provide Collection services for all Solid
Waste generated by commercial or industrial Customers within the Franchise Area. The
Collection services offered by the Contractor to its commercial and industrial Customers
shall include the services described in this Section.
(a) Solid Waste Collection Service. The Contractor shall provide
Collection of Solid Waste for commercial and industrial Customers on a weekly basis
or on such other periodic basis as shall be scheduled by the Contractor and the
Customer.
(b) Recyclable Materials Collection Service. Upon the request of a
commercial or industrial Customer, the Contractor shall offer to such Customer
weekly or other periodic Collection, agreed to by Contractor, of commingled Source
Separated Recyclable Materials.
All commingled Recyclable Material and all Source Separated Recyclable
Materials generated by an industrial or commercial Customer shall be properly Loaded by
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EXHIBIT B -CENTRAL POINT
the Customer in a special Receptacle used solely for such commingled Recyclable Material
or Source Separated Recyclable Material (as the case may be) and shall cause such
Receptacle to be Delivered for Collection.
All industrial and commercial Customers participating in the Recycling of High
Volume Cardboard shall cause such cardboard to be properly Loaded in a special
Receptacle used solely for such cardboard and shall cause such Receptacle to be Delivered
for Collection.
7.2 Collection of Improperly Delivered -Industrial and Commercial Solid
Waste. The Contractor shall not be obligated to Collect from any commercial or industrial
Customer:
(a) any waste that does not constitute Solid Waste, or
(b) Solid Waste that is improperly Loaded or otherwise improperly
Delivered for Collection.
Notwithstanding the foregoing sentence, the Contractor may, in its sole discretion,
proceed to collect Solid Waste that does not meet the foregoing requirements and to
charge the Customer reasonable additional charges for such special service.
When the Contractor refuses to collect from a commercial or industrial Customer
Solid Waste for failure to comply with the foregoing requirements, the Contractor may
notify the Customer by phone and indicate the reasons for its refusal to collect the Solid
Waste. Arrangements can then be made to service the Customer when the waste is
properly Delivered for Collection.
7.3 Commercial and Industrial Source Separated Solid Waste.
Notwithstanding any other provision hereof the Contractor may, in its sole discretion, offer
and enter into a contract with any industrial or commercial Customer for the Collection of
Source Separated Solid Waste. The charges for any such Collection services shall not be
limited by the Approved Rate Schedule, but shall be as negotiated between Contractor and
the commercial or industrial Customer.
8. Special Collection and Other Services. The Contractor shall provide the
following special Collection services:
8.1 Community Events. City shall have the right to request, and the Contractor
shall provide upon thirty (30) days prior notice from the City service for the 4`h of July
Parade. If the City of other organizations within the City promote aclean-up campaign on
either an annual or semi-annual basis, the Contractor, without cost to the City or others,
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EXHIBIT B -CENTRAL POINT
shall furnish a thirty (30) cubic yard box for such clean-up day or days so long as the
Contractor receives at least one (1) week's notice of the proposed clean-up day.
8.2 Citv Facilities. The Contractor shall provide, at no cost to the City, not less
than one (i) one and one-half (1-1/2) cubic yard box at City Hall and one (1) two (2) cubic
yard box at the City Shop.
8.3 Medical and Infectious Waste. Contractor shall offer scheduled and
on-call Collection and Disposal of Medical and Infectious Waste from commercial, industrial,
and residential customers in compliance with Oregon Revised Statues and Oregon
Administrative Rules promulgated thereunder.
8.4 Household Hazardous and Conditionally Exempt Generator
Hazardous Waste Dav. The Contractor agrees to sponsor, in cooperation with the
county and other cities, an annual Household Hazardous Waste Collection day. The date
will be agreed upon by the Contractor and City. The Contractor will make arrangements
with a company that is certified for collection, packing, transportation and treatment or
disposal of hazardous waste and meet the requirements of ORS 459.415 for the
sponsorship of such an event.
8.5 Small Ouantitv Program. The Contractor shall provide to Customers the
opportunity to purchase in advance special bags or other Contractor approved containers
for occasional disposal of solid waste. All special bags or other Contractor approved
containers must be properly Delivered for Collection.
8.6 Red Cart Service. The contractor shall provide to Solid Waste Generators
within the Franchise Area who are not Customers an opportunity to recycle by supplying a
Red Lid Cart at a special rate as set forth in Exhibit C. As with all Cart Service, the
Customer must comply with requirements for causing the same to be Delivered for
Collection.
9. Additional Services
At City's request, and subject to the following, Contractor shall provide any other
solid waste collection services not granted by this Franchise ("New Services") upon
receiving a written request from City and subject to establishment of an appropriate rate
for such New Service. Nothing herein shall prevent or in any way restrict any single family
residential Customer or any commercial or industrial Customer from choosing other
Collection services offered by the Contractor or prevent or restrict the Contractor from
offering other Collection services not described herein.
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EXHIBIT B -CENTRAL POINT
10. Collection Standards
10.1 Care of Private Property. Reasonable care shall be used by Contractor's
employees in handling all Receptacles, and all damage caused thereto by the negligence of
Contractor's employees shall be promptly adjusted with the owner thereof. City shall refer
complaints about damage to private property to Contractor. Contractor shall repair all
damage to private property caused by its employees. Contractor shall not be liable for any
damage caused to a Customer's driveway, parking lot, curbs or other property resulting
from the entry of Contractor's vehicles on Customer's property for the purpose of
performing the collection services; provided thatthe foregoing is not intended, nor shall it
be construed, to relieve Contractor from liability resulting from damage caused by the
collision of Contractor's vehicles with any cars, equipment or other improvements due to
negligent operation thereof by Contractor.
Reasonable care shall be used by Customers in handling and storing all Receptacles
that are owned by the Contractor, and the Customer shall be liable to Contractor for all
damage caused thereto other than by the Contractor's employees.
10.2 Noise. All Solid Waste Collection operations shall be conducted as quietly as
possible and shall conform to applicable Federal, State, County and City noise level
regulations. City may conduct random checks of noise emission levels to ensure such
compliance. Contractor will promptly resolve any complaints of noise to the satisfaction of
City Manager.
il. Litter Abatement
11.1 Minimization of Shills. Contractor shall use due care to prevent Solid
Waste from being spilled or scattered during Collection. If any Solid Waste is spilled during
Collection, Contractor shall promptly clean up all spilled materials.
11.2 Clean-Uu. During Collection, Contractor shall clean up litter spilled by
Contractor in the immediate vicinity where Solid Waste is Delivered. Contractor shall
discuss instances of repeated spillage not caused by it directly with the Customer
responsible and will report such instances to City. City shall attempt to rectify such
situations with the Customer if Contractor has already attempted to do so without success.
11.3 Covering of Loads. No material shall be transported by Contractor to the
Disposal Site or any other Solid Waste Management Facility in open vehicle hoppers.
Contractor shall cover all debris boxes and compactor openings during transport to the
Disposal Site.
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EXHIBIT B -CENTRAL POINT
11.4 Fuel. Oil or Other Vehicle Fluid Spills. Contractor is responsible for the
immediate clean-up of all fuel, oil, or vehicle fluid spills which result from Contractor's
vehicles. All vehicles must carry an acceptable absorbent material to use in the event of
spills. Repair for damages caused by fuel, oil, or other vehicle fluid spills from Contractor's
vehicles or equipment shall be at Contractor's expense.
12. Public/Customer Service and Accessibility
12.1 Office and Corporation Yard Location. Contractor shall provide a
business office and maintain a corporation yard in Jackson County for purposes of carrying
out its obligations under this Agreement.
12.2 Office Hours. The Contractor's office shall at a minimum be open to the
public from 8 am. to 4 pm. Monday through Friday. The office may be closed on Saturdays
and Sundays and those holidays on which the offices of the City are closed. A
representative of the Contractor shall be available at the Contractor's local office during
office hours to communicate with the public in person and by telephone.
12.3 Telephone. Contractor shall install telephone equipment, and have available
service representatives sufficient to reasonably handle in a timely manner calls from
Customers. Telephone service shall be provided from 8:30 a.m. to 4:30 p.m.
12.5 Consumer Information. Contractor shall prepare and update materials
about Recycling and Solid Waste services which may include, but not be limited to, times
for special Collection events and Household Hazardous Waste drop-off programs, Collection
schedules, rates and complaint procedures within the Franchise Area. Contractor shall
distribute such materials to all residential and commercial Customers served by Contractor.
Such materials shall be revised and distributed if there is any material change in the
information contained therein and, in any event, at least once each year of the Term, prior
to January 1. Such materials shall also be mailed by Contractor to City residents upon
request and shall be provided to the Chamber of Commerce in quantities required by the
Chamber.
12.6 Chance in Collection Operations/Administration orSchedule. In the
event of changes to the Collection schedule the Contractor must notify City and all affected
Customers at least (14) days prior to any change in the day on which Solid Waste
Collection occurs. The Contractor will not permit any Customer to go more than eight (8)
days without service in connection with a Collection schedule change.
12.7 Service Complaints. Contractor agrees to maintain a written log of all oral
and written service complaints registered with Contractor from Customers within City
("Complaint Log"). Contractor shall be responsible for the prompt and courteous attention
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EXHIBIT B -CENTRAL POINT
to, and prompt and reasonable resolution of, all Customer complaints. Contractor shall
record in the Complaint Log all written and oral complaints, noting the name and address
of complainant, date and time of complaint, nature of complaint, and nature and date of
resolution. Such log shall be kept so that it may conveniently be inspected by
representatives of City upon request.
12.8 Notice of Change in Service. Contractor must provide all Customers and
the City at least fourteen (14) days written notice of any change in service.
13. Maintenance of Equipment
13.1 Vehicles.
13.1.1 General. The Contractor shall provide a fleet of Collection
vehicles and equipment sufficient in number and capacity to efficiently perform the work
required by this Agreement and shall maintain all such vehicles and equipment in good
order and repair. The Contractor shall have available sufficient back-up vehicles and
equipment and qualified operators for each type of Collection vehicle used to respond to
complaints and emergencies.
13.1.2 Specifications. All vehicles used by Contractor in providing
Solid Waste Collection services shall be registered with the Oregon Department of Motor
Vehicles and shall meet or exceed all legal standards. Contractor agrees to maintain all of
its Collection vehicles in compliance with the provisions of the Oregon Vehicle Code.
13.1.3 Vehicle Identification. Contractor's name, local telephone
number, and a unique vehicle identification number designed by Contractor for each
vehicle shall be prominently displayed on all vehicles. Contractor shall not place City's logo
on its vehicles.
13.1.4 Cleaning and Maintenance.
(a) General. Contractor shall maintain all of its properties, facilities,
and equipment used in providing service under this Agreement in a safe, neat, clean and
operable condition at all times to the satisfaction of the City Manager or his designee. All
graffiti shall be removed immediately.
(b) Inspection. City may inspect vehicles at any time to determine
compliance with sanitation requirements. Contractor shall make vehicles available to the
County Health Department for inspection at any frequency it requests.
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EXHIBIT B -CENTRAL POINT
(c) Maintenance. Contractor shall keep accurate records of all
vehicle maintenance, recorded according to federal motor carrier regulations.
(d) Repairs. Contractor shall maintain accurate records of repair in
accordance with federal motor carrier regulations.
(e) Inventory. Contractor shall furnish sufficient equipment to
provide all service required under this Agreement, including backup Collection vehicles.
Contractor shall maintain a written inventory of all vehicles ("Vehicle Inventory List"),
including Collection vehicles, used in providing service, and shall update the inventory
annually. The inventory shall list all vehicles by manufacturer, ID number, date of
acquisition, type, and capacity.
(f) Storage. Contractor shall arrange to store all vehicles and other
equipment in safe and secure location(s) in accordance with applicable zoning regulations.
13.1.5 Ooeration. All vehicles shall be operated in compliance with
the Oregon Vehicle Code, and all applicable safety and local ordinances. The Contractor
shall not load vehicles in excess of the manufacturer's recommendations or limitations
imposed by State or local weight restrictions on vehicles. The Contractor shall use all
reasonable means to minimize any backing of Collection vehicles.
14. Solid Waste Storage Containers
14.1 Service For Customers Who Are Not On Cart Service. The standard
size Customer-provided Receptacles for Customers who are not on Cart Service shall not
exceed 32 gallons unless otherwise agreed to by the Contractor. The combined weight of
the container and contents shall be of a weight not to exceed 65 pounds, which meets
standards allowed by OR-OSHA. Contractor shall affix to every metal or plastic refuse
Receptacle which no longer holds Solid Waste without spilling or leaking, a tag advising
that such Receptacle is unsuitable for presenting Solid Waste for Collection. All perishable
cartons, boxes and other perishable containers, and all paper and plastic garbage bags,
used to contain Solid Waste will be disposed of along with their contents.
14.2 Commercial and Industrial Customers. The Contractor shall make
available for purchase or lease to commercial and industrial Customers Compactors to be
Loaded by the Customer with Solid Waste or Recyclable Materials. Such Compactors shall
be designed and constructed to be water tight and prevent the leakage of liquids. All
Receptacles shall meet applicable federal regulations on Solid Waste safety. Any Customer
may purchase or provide its own Receptacle, provided that, the Contractor shall require
that any such Receptacle, as to its design, size, material composition and water tight
16
EXHIBIT B -CENTRAL POINT
condition, be compatible with Contractor's Collection equipment and that such Receptacle
be such that it can be safely handled by the Contractor's existing Collection vehicles. All
Receptacles leased from the Contractor shall prominently display the name and telephone
number of the Contractor. Provisions to lock Receptacles shall be provided at Customer
request, with the cost being paid by the Customer.
14.2.1 Cleaning, Painting, Maintenance. The Contractor shall
periodically steam clean, repair and paint all Receptacles that are owned by the Contractor,
other than Carts. All leased Receptacles shall be maintained by the Contractor in a
functional condition. The Contractor shall be entitled to charge its Customers for such
cleaning, if required by the Customer in addition to regular scheduled maintenance in
accordance with the rates set forth for such services in the Schedule of Approved Rates.
14.3 Receptacle Use. Solid Waste, Recyclable Materials, and Yard Debris shall
be deemed to be the property of the Contractor when placed in a Receptacle. No person,
other than the person producing the materials contained in any Receptacle, or an officer,
employee or permitee of the City or any employee of Contractor or other persons
authorized by Contractor, shall open the lid of any Receptacle, nor shall any such person
remove, collect, molest or scatter Solid Waste, Recyclable Materials, or Yard Debris stored
in a Receptacle, or deposit Solid Waste Recyclable Materials, or Yard Debris into a
Receptacle. Under no circumstances shall any person be allowed to get into a Receptacle
for any purpose other than an emergency. In addition, no person shall play in, on, or
around a Receptacle.
15. Personnel
15.1 General. Contractor shall furnish such qualified drivers, collectors,
mechanical, supervisory, clerical and other personnel as may be necessary to provide the
services required by this Agreement in a safe and efficient manner.
Except to the extent that such requirements would result in a violation of applicable
law regarding conditions for employment, all Contractor employees must be able to read,
write and speak English with sufficient proficiency to enable Contractor to successfully meet
and adhere to all of the terms of this Agreement.
15.2 Driver Qualifications. All drivers shall be trained and qualified in the
operation of Collection vehicles and must have in effect a valid license, of the appropriate
class with appropriate endorsements, issued by the Oregon Department of Motor Vehicles.
15.3 Safetv Training. The Contractor shall provide suitable operational and
safety training for all of its employees who maintain, utilize, or operate vehicles,
equipment, or facilities for Collection of Solid Waste or who are otherwise directly involved
17
EXHIBIT B -CENTRAL POINT
in such Collection. The Contractor shall train its employees involved in Solid Waste
Collection to identify, and not to collect, Hazardous Waste or Infectious Waste. Employees
who do handle Hazardous Waste and Infectious Waste will be properly trained.
15.4 Emolovee Appearance and Conduct. The Contractor shall use its best
efforts to assure that all employees present a neat appearance and conduct themselves in
a courteous manner. Contractor shall require its drivers, and all other employees who
come into contact with the public, to wear suitable and acceptable attire which identifies
the Contractor. The Contractor shall regularly train its employees in Customer courtesy,
shall prohibit the use of loud or profane language, and shall instruct Collection crews to
perform the work as quietly as possible. If any employee is found not to be courteous or
not to be performing services in the manner required by this Agreement, the Contractor
shall take all appropriate corrective measures.
15.5 No Gratuities. Contractor shall not permit its employees to demand or
solicit, directly or indirectly, any additional compensation or gratuity from members of the
public for the Collection of Solid Waste under this Agreement.
15.6 Provision of Field Supervision. Contractor shall designate one qualified
employee as supervisor of field operations. The field supervisor will devote an adequate
portion of his/her time in the field checking on Collection operations, including responding
to complaints.
15.7 General Supervision. The Collection and removal of Solid Waste may be
subject to the general supervision of City Manager. If the City Manager so elects to
exercise general supervision, his/her orders, directions and instructions to Contractor, not
inconsistent with the terms of this Agreement, shall be promptly complied with by
Contractor. City reserves the right to inspect any and all of Contractor's equipment at any
time without prior notice.
15.8 Non-Discrimination. Contractor shall not discriminate in the provision of
service or the employment of persons engaged in performance of this Agreement on
account of race, religious creed, color, national origin, disability, marital status, age, or sex
of such persons or as otherwise prohibited by law.
18
EXHIBIT B -CENTRAL POINT
September 7, 2004
Doi. Phil I~Tessina
Citj- Manager, City of Central Point
City Hall, 155 S. 2^~ St.
Central Point, Oregon 97502
Dear Phil,
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Ofq` & R E`y`e
PO Box 3187
Central Point OR 97502
541 779 4161
Fax 541 779 4366
Enclosed herewith are three copies of the revised Appendix B for the solid waste collection
franchise for your rep-iew. As you know, Rogue Disposal and Recycling has made substantial
changes in the method of servicing our customers using our automated trucks Eor both
Solid Waste and Recycling. We hay-e tried to make the revised Appendix B reflect our
current practices. 1~he revised Appendix B has been approved by the City of D-Tedford in
August, 2004. I am not sure what process is needed to adopt these new standards if they
meet with your approval, but look forward to working with the city to update the franchise.
If you have questions or comments, please do not hesitate to call me at 494-5420.
Sincerely,
~ lf/
Don Cordell
D'Ianager