BEFORE THE TILLAMOOK COUNTY SOLID WASTE SERVICE DISTRICT

Transcription

1 BEFORE THE TILLAMOOK COUNTY SOLID WASTE SERVICE DISTRICT In the Matter f Renewing the ) Slid Waste Dispsal site ) Franchise fr the Operatin ) f the Pacific City Transfer ) statins ) ORDER 91-~ SWSD rde~~ /;' This matter cming n t be heard this ~ day f ~ii;-d.u,1991, at a regular meeting f the Bard f Cmmissiners, sitting as the gverning bdy f the Slid Waste service District, at which time it appears that the Slid Waste c=j Dispsal site Franchise fr the Pacific City Transfer statin is due fr renewal; and WHEREAS; sectin 7.14 f the Tillamk Cunty Ordinance states that "Unless grunds exist fr refusal t renew a franchise under sectins 7.12 and 7.13 f this rdinance [Ordinance N.4], franchises shall be renewable"; and WHEREAS; the Tillamk Cunty Bard f Cmmissiners has determined that n grunds exist t refuse renewal f the under sectin 7.12 and 7.13 f Ordinance N.4 (Slid Waste); and WHEREAS; the Tillamk Cunty Slid Waste Administratr has recmmended that a slid waste dispsal site franchise be renewed subject t the attached "Cnditins f Franchise"; and WHEREAS; the Tillamk Cunty Bard f Cmmissiners have determined that it is in the best interests f the citizens ~\ I ) ~- f Tillamk Cunty that the slid waste dispsal site franchise

2 fr the Pacific city Transfer statin be renewed with Nestucca Valley Sanitary Service; and NOW THEREFORE, IT IS ORDERED by the Tillamk Cunty Bard f Cm~issiners that a slid waste dispsal site franchise fr the Pacific City Transfer statin is hereby renewed with Nestucca Valley Sanitary Service, subject t the attached "Cnditins f Franchise." The effective date fr the beginning f the renewed term f franchise shall be September 17, Dated this lie T2:? day f S e pte.", be c,1991 FORM: William Sargent Cunty C nsel BOARD OF COUNTY COMMISSIONERS FOR TILLAMOOK COUNTY, ~EGON ~~~cr.~ Kenneth M. Burdick, Chairman ~ D~~,~~e-Chairman

3 SOLID WASTE DISPOSAL FRANCHISE CONDITIONS OF FRANCHISE 1. FRANCHISER IDENTITY These "Cnditins f Franchise" pertain t the Slid Waste Dispsal. Franchise granted t Nestucca Valley Sanitary Service, hereinafter referred t as the FRANCHISER, by Tillamk Cunty, hereinafter referred t as the COUNTY. 2. FRANCHISING AUTHORITY The franchise is subject t all f the terms, cnditins and requirements f the Tillamk Cunty Ordinance N.4, and as thereafter may be amended. Amendments under this cnditin d nt include any which wuld terminate the right f the FRANCHISER t cntinue t prvide services, at the franchised dispsal site, during the term f this franchise agreement. The FRANCHISER may appeal t the Tillamk Cunty Bard f Cmmissiners under sectin f Ordinance N.4 and amendments which may in any way affect peratins under the franchise. All peratins shall be cnducted is strict cmpliance with the Slid Waste Franchising Ordinance, all ther applicable state and federal laws and regulatins, and the terms and cnditins f this franchise agreement. The failure f the COUNTY at any time t require perfrmance by the FRANCHISER f any prvisins heref shall in n way affect the right f the COUNTY thereafter t enfrce same. Nr shall waiver by the COUNTY f any breach f such prvisins heref be taken r held t be a waiver f any succeeding breach f such prvisin r as a waiver f any prvisin itself. If any prvisin f the franchise rules and regulatins shall be declared illegal, vid, unenfrceable r invalid by a curt f cmpetent jurisdictin, the ther prvisins shall nt be affected, but shall remain in full frce and effect. 3. FRANCHISE DISPOSAL SITE This franchise is fr the peratin f the Slid Waste Transfer site at Pacific City. This franchise shall cnstitute a license frm the COUNTY t the FRANCHISER t use the transfer statin site in accrdance with the terms f this franchise.

4 4. TERM OF FRANCHISE The term f this franchise agreement shall be fr a perid f five (5) years. The franchise will be autmatically renewed, fr a five (5) year term, at the end f each term, unless the COUNTY gives written ntice f its intent t cancel the franchise. The written ntice is t be given nt less than six (6) mnths befre the end f the term. The FRANCHISER has the ptin t terminate the franchise n July 1 f any year. If the FRANCHISER is t exercise the ptin f terminating the franchise, the FRANCHISER must submit written ntificatin f the FRANCHISER'S intentin t terminate the franchise by March 31 f the year the FRANCHIS ER desires t terminate the franchise. If the FRANCHISER is adjudged bankrupt, either vluntarily r invluntarily, then the franchise shall terminate effective n the day and at the time the bankruptcy petitin is filed. 5. ANNUAL FRANCHISE FEE The FRANCHISER shall pay t COUNTY an annual fee f $25.00, payable t Tillamk Cunty n the 30th day f January f each year. 6. SCOPE OF WORK: The FRANCHISER shall prvide all labr, equipment and tls necessary t maintain and perate the slid waste transfer statin, including prviding the recycling facilities and hauling all the slid waste frm the transfer statin t the Tillamk Transfer statin. The FRANCHISER shall perfrm all duties and meet all requirements f this franchise in a prfessinal, curteus and wrkmanlike manner. Failure t d s will be cause fr terminatin f this franchise. 7. FRANCHISER LIABILITY The FRANCHISER will defend, save harmless and exempt the COUNTY, its elected fficials, emplyees and agents frm and against any and all suits, actins, legal prceedings, claims, demands, damages, csts, expenses and attrney fees resulting frm injury t persns, r damage t prperty because f wrk dne in the perfrmance f this agreement.

5 8. LIABILITY INSURANCE: The FRANCHISER shall btain and maintain such public liability and damage insurance as will prtect the FRANCHISER and the COUNTY frm any and all claims fr damage r persnal injury, including death, which may arise frm peratins under this franchise. The insurance will hld the COUNTY harmless, shall name the Cunty as an additinal insured and shall indemnify the peratins f the FRANCHISER. Such insurance shall prvide cverage fr nt less than the fllwing: FOR PERSONAL INJURY: $200, fr ne claimant $500, frm ne ccurrence FOR PROPERTY DAMAGE: 50, fr ne claimant $500, frm ne ccurrence (J A certificate f Insurance dcumenting the abve cnditins shall be submitted t the COUNTY, alng with all renewal ntices f said insurance. The certificate must be acceptable t the COUNTY. Failure t maintain liability and damage insurance shall be cnsidered grunds fr terminatin f the franchise. 9. WORKER'S COMPENSATION INSURANCE The FRANCHISER shall prvide and maintain Wrker's cmpensatin Insurance, in accrdance with the laws f the State f Oregn, fr all f the FRANCHISER'S emplyees. A certificate shall be filed with the COUNTY by the insurance carrier shwing such insurance t be in frce at all times. 10. TRANSFER SITE OPERATIONS: The FRANCHISER is respnsible fr cmplying with the terms f tbe Oregn State Department f Envirnmental Quality Operatinal Permits, and with any revisins t the permit. The transfer statins shall be pen t the public n the days specified by an Order f the Tillamk Cunty Bard f Cmmissiners. The FRANCHISER shall direct public dumping int transfer bxes and cllect all user fees. These fees shall belng t the FRANCHISER. The FRANCHISER shall establish and maintain telephne service t each transfer statin. The FRANCHISER shall keep the site clean. All litter shall be picked up daily. Debris which has fallen arund the transfer statin bxes shall be cleaned ut each time the transfer statin bx is remved. The FRANCHISER shall have the right t all recyclable and salvageable material delivered t the transfer statin. The strage area shall be kept neat and rderly.

6 11. The FRANCHISER shall prvide the public with clearly marked lcatins n which t place recyclable materials. The FRAN CHISER shall accept recyclable and salvageable material n all days the transfer statin is pen t the Public. The FRANCHISER shall mnitr the items being placed int the transfer statin t guarantee that n materials are being delivered which are nt allwed by the Department f Envirnmental Quality Operatinal Permit fr this site r fr the Tillamk Transfer statin. The FRANCHISER shall perfrm and pay fr all maintenance and repairs at the transfer statins, including but nt limited t: signs, fencing, pwer, telephne, area lights, pavement chuckhles, bulkhead flaps and attendant's shelter. The Cunty shall be respnsible fr all majr recnstructin and repair prjects such as: retaining wall structural repairs, new paving and paving verlays. TRANSFER STATION BOX HAULING: The FRANCHISER shall haul all f the slid waste delivered t the transfer statins, excluding recyclable and DEQ apprved burnable materials, t the Tillamk Transfer statin. The FRANCHISER will be required t pay the COUNTY fr every tn f slid waste delivered t the Tillamk Transfer statin. The payment rate shall be as specified by an Order f the Tillamk Cunty Bard f Cmmissiners. Revisins t the rate shall be determined by the Tillamk Cunty Bard f Cmmissiners in accrdance with Tillamk Cunty Ordinance N. 4 (slid waste) The FRANCHISER is t prvide a.truck which can haul the bxes legally n State highways. The FRANCHISER may use the COUNTY wned 50 cubic yard transfer statin bxes. If the FRANCHIS ER used the COUNTY wned bxes, the bxes shall be maintained by the FRANCHISER. 12. FRANCHISER REVENUE COLLECTION: The FRANCHISER'S transfer statin peratrs shall cllect all revenues fr the receipt f slid waste at the transfer statins. This revenue belngs t the FRANCHISER. The amunt, f the fee t be charged by the FRANCHISER t the Public fr all slid waste delivered t the transfer statins shall be specified by an Order f the Tillamk Cunty Bard f Cmmissiners. Revisins t the rate shall be determined by the Tillamk Cunty Bard f Cmmissiners in accrdance with Tillamk Cunty Ordinance N. 4 (slid waste). The FRANCHISER will cllect fees fr special items, such as tires, at rates established by the COUNTY in accrdance with written fee schedules submitted t the FRANCHISER.

7 ",. The FRANCHISER shall nt cllect fr surce separated recyclable materials delivered t the transfer statins. The FRANCHISER shall keep recrds f the amunts f slid waste and recyclable materials received at the transfer statin. A mnthly summary f these recrds shall be submitted t the COUNTY. 13. PERMITS The COUNTY shall maintain the DEQ Operatinal Permit including annual DEQ fees. The FRANCHISER shall btain, at the FRANCHISER'S expense, all ther permits and licenses required by law r rdinance and maintain same in full frce and effect. 14. DEPARTMENT OF ENVIRONMENTAL QUALITY THE FRANCHISER shall cmply with all Department f Envirnmental Quality requirements which affect the perfrmance f this franchise. Cpies f the mst recent peratinal permits are attached t these specificatins. The FRANCHISER will be required t cmply with all future revisins t the peratinal permit. Shuld the FRANCHISER'S actin r inactin cause a fine t be levied by the Department f Envirnmental Quality, r any ther agency, against the COUNTY, the amunt f the fine will be assessed against the FRANCHISER.

8 (~ \ ) -- - I d hereby acknwledge these "Cnditins f Franchise" as being the cnditins f the Slid Waste Dispsal Site Franchise by the Tillamk Cunty Bard f Cmmissiners, and that failure t abide by these "Cnditins f Franchise" is cause fr the suspensin, mdificatin, revcatin r refusal t renew the franchise. STATE OF OREGON ) Cunty f Tillamk ) IJ f September, 1991, the abve named &< b#:j.&-e On persnally appeared befre me and acknwledged the freging instrument t be a vluntary act and de d. FOR OREGON Expires: 6' ~/( BOARD OF COUNTY COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON ~M~ Kenneth M. Burdick Chairpersn '7~ STATE OF OREGON ) Cunty f Tillamk ) )0 On /~ f September, 1991, the abve named, Kenneth M. Burdick, Jerry A. Dve, and Ida A. Lane, Cunty Cmmissiners f Tillamk Cunty, appeared befre me and acknwledged the freging instrument t be a vluntary act and deed. J/~~.YPiJBCFOROREGON. My Cmmissin Expires: 6'-/6'--fi