§ 6-222. NON-EXCLUSIVE ROLL-OFF COLLECTION FRANCHISE.

(a)

Requirement. Effective September 1, 2011, no person shall provide roll-off collection services to residents and businesses of the city unless authorized to do so pursuant to this Section 6-222. The collection of solid waste, recyclable materials, organic materials, and C&D debris with roll-off containers in the city shall be performed only by persons that first receive a franchise to engage in such activity from the city or persons otherwise allowed to transport materials pursuant to Section 6-205(f). The City shall retain the right to provide roll-off collection service for materials collected from City facilities and parks, and from special events and venues sponsored by the City, provided that such collection shall be performed by the City's municipal collection operation or City crews.

(b)

Non-Exclusive Rights. Roll-off container collection services in the city are considered non-exclusive, as such service may be provided by any person granted a non-exclusive roll-off collection franchise with the city or other enterprise that is eligible to provide roll-off collection services under this Chapter.

(c)

Eligibility. A nonexclusive franchise to provide roll-off container collection services for solid waste, recyclable materials, organic materials, and C&D debris within the city may be granted by the Council to any person who offers to furnish and provide such roll-off collection service pursuant to the terms and provisions of this article. No provision of this article may be deemed or construed to require the granting of a franchise when in the opinion of the Council it is in the public interest to restrict the number of franchisees or operate such service as a municipal service.

(d)

Application for Non-Exclusive Franchise. All applications to provide roll-off container collection service in this city shall be filed with the City Clerk, and each such application shall set forth, contain, or be accompanied by information specified in the application instructions provided by the Director, which shall include, at a minimum, the following:

(1)

Applicant Information. Provide a cover letter that includes, at a minimum, the following applicant information. The cover letter shall be signed by an officer or agent of the company submitting the application, who is duly authorized to bind the company to the application.

(i)

Company name

(ii)

Form of business organization (sole proprietorship, partnerships (includes limited, general, and limited liability partnerships), corporation (includes limited liability companies), etc.)

(iii)

Contact name, title, phone, fax, and e-mail address

(iv)

Business mailing address

(v)

Names of Persons Doing Business under Fictitious Name (if applicable)

(vi)

Names of Members of Partnership, Ventures, and LLCs (if applicable)

(vii)

Names of Officers of Corporation or Association (if applicable)

(viii)

Date the applicant desires the non-exclusive roll-off collection franchise to become effective

(2)

Qualifications Information.

(i)

Description of Applicant. A detailed statement of the corporate or other business entity organization of the applicant.

(ii)

Municipal References

(iii)

Customer References

(iv)

Proof of Insurance

(v)

History of Litigation, Regulatory Actions, and Liquidated Damages

(vi)

Criminal History

(3)

Operations Information.

(i)

Diversion Plan - A plan describing how applicant will divert at least 50% of the C&D collected and/or 90% of all commercial recyclable materials collected, as applicable.

(ii)

Estimated Number of Vehicles

(iii)

Estimated Number of Roll-Off Containers.

(iv)

Permitted Materials to be Collected - Description the types of permitted materials (e.g., solid waste, recyclable materials, organic materials and/or C&D) to be collected and services to be performed pursuant to grant of a non-exclusive roll-off collection franchise agreement.

(v)

Processing and Disposal Facilities

(vi)

Hazardous Waste Procedures

(vii)

Location and Hours of Customer Service Center

(viii)

Billing Procedures.

(4)

Signed Non-Exclusive Franchise Agreement. Attach to the application two executed copies of the form of non-exclusive franchise agreement approved by the Director pursuant to paragraph (h) of this Section 6-222.

(5)

Application Fee. An application fee, the amount of which shall be provided in the Master Fee Schedule which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration thereof and not returnable or refundable in whole or in part; provided, that any applicant who shall deliver to the City Clerk a written withdrawal of or cancellation of any application hereunder, not later than the seventh day following the day such application is received by the City Clerk, shall be entitled to have returned and refunded ninety percent (90%) of the application fee.

(6)

Other Information as Requested by Director. Include any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the Director.

(e)

Application Submittal. Director shall accept applications from collectors annually from March 1 through April 30.

(f)

Application Review by City. Director shall evaluate any and all applications for non-exclusive roll-off collection franchises and provide a written recommendation to the City Manager as to the qualifications and capabilities of the applicant.

(g)

Waive Irregularities. The City Council may, in its discretion, waive any minor irregularities contained in an application.

(h)

Franchise Procedure. The procedures set forth in Article XIII of the Charter of the city and this article shall govern the procedure for granting or denying the non-exclusive roll-off collection franchises. The Council may adopt by resolution such additional procedures not inconsistent with the Charter or this article.

(i)

Non-Exclusive Franchise Agreements, Required Terms. The Director shall cause to be prepared a standard form of non-exclusive roll-off collection franchise agreement. City Council shall approve each non-exclusive franchise agreement to be executed by the City. Each such franchise agreement shall include the following terms, which are the basic terms on which the city is willing to enter into a non-exclusive roll-off collection franchise agreement under this Chapter:

(1)

Grant and Acceptance of Franchise. Each franchise agreement shall contain provisions that set forth the offer a non-exclusive franchise for roll-off container collection services for solid waste, recyclable materials, organic materials, and C&D debris, and the acceptance thereof by the grantee.

(2)

Term. The duration of each franchise agreement shall be stated and shall not to exceed an initial term of five years.

(3)

Scope of Agreement. Each franchise agreement shall identify the scope of the services to be provided by the grantee, including the materials covered by such roll-off services (i.e., solid waste, recyclable materials, organic materials, and C&D debris), the processing and disposal locations to be used by grantee, and other similar matters relating to the collection, transportation, recycling, processing, and disposal services to be provided by the grantee.

(4)

Public Education. At a minimum, each franchise agreement shall provide for the grantee to prepare and distributed information to its customers describing how to prepare material covered by the franchise for collection, materials that are excluded from collection, and related matters.

(5)

Performance Standards. Each franchise agreement shall specify the hours of collection, the manner in which roll-off containers will be serviced, grantee responsibility for vehicle appearance, leaks, and related matters, and hazardous waste inspection and handling.

(6)

Record Keeping and Reporting. Each franchise agreement shall require the grantee to maintain accurate accounting, statistical, and other records relating to services provided under the franchise, report submittal requirements, and related matters.

(7)

Franchise Fees and Administrative Charges. Each franchise agreement shall state the amount of the franchise fee and other charges to be paid by the grantee as consideration for the contractual right to provide the services covered by the franchise agreement in the city.

(8)

Indemnity and Insurance Requirements. Each franchise agreement shall contain appropriate indemnity and defense provisions, and insurance requirements.

(9)

Default. Each franchise agreement shall identify the events that constitute a default thereunder, as well as the remedies available to the non-defaulting party.

(Added Ord. No. 2011-25, § 2, eff. 9-1-11)