§ 106-63. Performance and operation standards; insurance; complaints.

(a)

Performance standards.

(1)

Vehicles and equipment generally. Collectors subject to this division shall use only vehicles commonly referred to as packer trucks, or roll-off vehicles, unless otherwise approved by the director, equipped with bodies which are watertight to a depth of not less than 12 inches, solid metal sides and pneumatic tires. Collectors shall provide sufficient equipment to maintain regular schedules of collection and to promptly and efficiently perform their duties.

(2)

Vehicle covers. Each vehicle used for the collection of solid waste shall have a fully enclosed metal top. The director shall have the authority to waive the requirement of a fully enclosed top. As an alternative to a fully enclosed metal top, said vehicle may be equipped with a cover which may be a net with mesh not greater than 1½ inches, or a tarpaulin; and such cover shall be kept in good mechanical order and used to cover the load in traveling to, from and during the loading operation and if the contents are likely to be scattered when parked.

(3)

Maintenance of equipment; identification on equipment. Equipment is to be maintained in a safe working condition and shall be painted uniformly according to standards maintained from time to time by the director. Equipment shall display the name, telephone number and vehicle number of the collector.

(4)

Cleanup of scattered waste. Vehicles shall not be overloaded so as to scatter solid waste; but, when solid waste is scattered from a collector's vehicle for any reason, it shall be the responsibility of the collector to immediately pick up such scattered solid waste. Collectors shall not be responsible for cleaning up unsanitary conditions around the solid waste containers and refuse bins caused by carelessness of the customer.

(5)

Washing and sanitizing of vehicles. Vehicles are to be maintained in a clean and sanitary condition and shall be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant at such times as established by the director. All vehicles are to be washed on the outside at least weekly.

(6)

Vehicles not to be left unattended; interference with traffic. Collector vehicles shall not interfere unduly with vehicular or pedestrian traffic and shall not be left unattended while in operation.

(7)

Authority of director. The director shall decide any and all questions which may arise concerning the quality and acceptability of the work and services performed by collectors, the manner of performance, the rate of progress of said work, and the interpretation of the provisions of the franchise. Collectors shall have the right to appeal any decisions or findings of the director to the county council, whose findings and conclusions shall be final and binding.

(8)

Cooperation with director. Collectors shall furnish the director with every reasonable opportunity for ascertaining whether or not the duties of the collector are being performed in accordance with the terms of the solid waste franchise. Collectors shall designate in writing the person to serve as agent between his organization and the county.

(9)

Time and manner of collection. Collectors shall make collections between the hours of 5:00 a.m. and 8:00 p.m. All containers shall be completely emptied and returned to the collection point.

(b)

Operation standards.

(1)

Supervision of operations; personnel. Collectors shall direct and supervise competent and qualified personnel and shall devote time and attention to the direction of the operation to ensure performance of obligations and duties as set forth in this article.

(2)

Office; office hours. Collectors shall provide, at their own expense, a suitable office located within the county and shall maintain office hours from 8:00 a.m. to 5:00 p.m., each weekday. In addition, collectors shall designate a representative for emergency calls during the hours of 5:00 p.m. Friday through 8:00 a.m. Monday.

(3)

Collectors not to be considered employees or agents of county. Collectors shall perform their duties under the terms and conditions of the solid waste collection franchise as an independent contractor, and it shall not be construed or interpreted by virtue of such franchise that collectors or their employees are employees, agents or representatives of the county.

(4)

Special contracts. The county may contract with other parties to collect and dispose of all or a portion of excessive amounts of trash, debris or refuse which has accumulated by reason of any hurricane, tropical storm, freeze, natural disaster, severe disturbance, riot or other calamity.

(5)

Reporting requirements. Collectors shall provide annually to the county, no later than July 31, a certified schedule(s) of revenues and franchise fees. This schedule(s) shall include, in columnar form, a breakdown of monthly revenues subject to the franchise agreement, monthly calculation of franchise fees due, franchise fees paid to the county, check number and date payment was made. The schedule(s) shall be for one year, closing not more than 180 days prior to June 30. The schedule(s) shall include a written confirmation prepared by independent, certified public accountants that attest to the accuracy and reliability of the information contained in the schedule(s) including, but not limited to, the revenues collected and amount due and paid. Failure to timely provide this reporting shall result in the imposition of a late fee established by resolution of the council for each day after July 31 until the reporting is provided to the county. In addition, the collector shall be liable to the county for any and all costs incurred in the collection or assurance of amounts due. These costs may include, but are not limited to, reasonable attorney fees, court costs, costs of retaining independent reviewers or review by independent auditors. If these are not received within 30 days after July 31, the county may conduct its own review and result in termination of the franchise in accordance with subsection (c). The collector shall maintain a separation of reporting sufficient to distinguish revenues subject to this franchise agreement. The county shall have the right, upon reasonable notice, to review said documentation and accounts of the collector. At a minimum, the collector shall retain said documentation until the conclusion of the calendar year following the year of submission.

(c)

Insurance.

(1)

Workers' compensation insurance. Collectors shall provide and maintain workers' compensation insurance as required by law for all employees performing under a solid waste franchise. Collectors shall not subcontract unless subcontractors provide workers' compensation insurance as required by law.

(2)

Indemnification of county. Collectors shall indemnify and hold harmless the county from any and all liability, claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the performance of their duties under a solid waste franchise.

(3)

Public liability insurance. Collectors shall provide and maintain at all times without cost or expense to the county, policies of insurance generally known as public liability policies, insuring the collector against any and all claims, demands or causes of action whatsoever for injuries received or damage to property relating to the performance of the duties of the collector under the terms and provisions of a solid waste franchise. Such policies of insurance shall insure the collector in an amount proposed by the county manager, and approved by the council, to cover any and all claims connected with any accident or occurrence that may arise or be claimed to have arisen against the collector. Coverage shall include comprehensive general liability and vehicular liability. The collector shall also obtain property damage insurance insuring the collector in an amount proposed by the county manager, and approved by the council, to cover the claims of any persons from a single or specific act that results in alleged damage to property. Said insurance policies shall provide that the county shall be entitled to 30 days' written notice of any changes or cancellations of said policies.

(4)

Certificate of insurance. A certificate of insurance indicating that the collector has coverage in accordance with the requirements set forth in this section shall be furnished by the collector to the director within ten days from the execution of a solid waste franchise.

(d)

Complaints. When received, collectors shall record complaints on a form approved by the director and shall take appropriate steps to resolve the complaint within 24 hours after its receipt. If a complaint cannot be resolved within that time period, the collector shall notify the director on the approved forms of action taken to resolve the complaint. Collectors shall provide the director with a full written explanation of the disposition of any customer's complaint involving a claim of damage by a collector's employees or agents.

(e)

Termination of franchise. The director shall notify, in writing, the collector, of deficiencies or default in the performance of his duties under this article; and the collector shall have 15 days to correct same or to request, in writing, a hearing. The county council shall hear and act upon same within 60 days from receipt of said request and shall notify the collector of said action. The action by the county council shall be to confirm, in whole or in part, the specified deficiencies or default; or to relieve the collector of responsibilities for said deficiencies or default; or find that there are no deficiencies or default; or to take such action as deemed necessary in the judgment of the council. Failure of the collector to remedy said specified items of deficiency or default in the notice by either the director or by the decision of the council, whichever is applicable, within 15 days of receipt of such notice of such decisions, shall result in the termination of the franchise.

(f)

Vehicle inspections.

(1)

The county may inspect the vehicle of a collector operating subject to the franchise to determine its compliance with the requirements of subsection (f)(2) during the operating hours of the collector. A fee established by resolution of the council shall be charged to the collector, and paid as a condition to its franchise, for each violation of subsection (f)(2). The fee shall increase to an amount established by resolution of the council for the third or subsequent violation of any vehicle which occurs during the term of the franchise.

(2)

Each vehicle of the collector shall display the company name, telephone number, truck number and contain a fire extinguisher, shovel, rake, broom, operable strobe lights, proof of automobile insurance and watertight and litter-proof cover.

(Ord. No. 89-37, § XII, 9-21-89; Ord. No. 2011-05, § I, 3-4-11)