(A) Subject to the exemptions of division (C) below, effective February 1, 2005, no person may engage in the business of solid waste collection in the county unless they hold a franchise issued by the Court authorizing them to collect, transport and dispose of solid waste and describing the area for which the franchise is issued. The Court shall determine the area for which a franchise is granted.
(B) The Court shall advertise and seek proposals to serve a franchise area established by the county. A franchise contract shall be awarded in accordance with bid specifications developed by the Court. Bid specifications and the terms and conditions of awarded contracts shall be consistent with this section. The Court may grant a franchise contract only upon finding that the contractor will render prompt, efficient and continuing service to the area for which the franchise is granted and the contractor has sufficient equipment and personnel to render services to all persons generating solid waste within the service area.
(C) Any city or subdivision within the county obligated by a solid waste collection contract in existence on July 1, 2004 may maintain their current contract until it expires. At that time, the city or subdivision may join in the franchise contract or extend or re-bid with another contractor. When a city or subdivision’s contract with a non-franchise contractor expires and is not extended, the city or subdivision must obtain any solid waste collection, for which they contract from the county’s contractor.
(D) Any commercial solid waste generator within the franchise area obligated by a solid waste collection contract in existence on July 1, 2004 may join in the franchise contract, maintain their current contract or re-bid with another contractor, but in no event shall the contract extend beyond September 30, 2009.
(E) The franchise shall be granted for a specific term of years, and may be renewed. A franchise shall not be assignable.
(F) The contractor shall pay the county a franchise fee as set forth in the franchise contract.
(G) No later than January 15 of each year, the contractor shall submit to the county’s Solid Waste Coordinator a current permit from the appropriate federal and/or state agency permitting the operation of the solid waste disposal facility to which the solid waste collected by the contractor will delivered to for disposal. The contractor must obtain all permits required by this chapter before engaging in the collection and transportation of solid waste.
(H) The Court shall require the contractor to maintain insurance coverage by insurers acceptable to the county and with limits of liability specified by the Court. The county shall be named an additional insured on all policies.
(I) Placement of solid waste containers in a proper location for collection shall be the responsibility of the customer. If the contractor and the customer cannot agree on the proper container location, the county’s Solid Waste Coordinator will determine proper placement.
(J) Persons using the collection services of the county’s contractor shall place all of their solid waste for collection in containers that satisfy the container requirements set forth in the franchise contract.
(Ord. KOC 04-830-181, passed 11-2-2004)