(a) The award by the Board of a franchise for solid waste handling shall be evidenced by approval and execution of a franchise agreement. The Board may award exclusive or non-exclusive solid waste handling franchises in the unincorporated County, with or without competitive bidding, through individual franchise agreements. A franchise agreement shall be granted by the Board when it determines that public convenience and necessity are served by the award of the franchise, and where a partially or wholly exclusive franchise is awarded without competitive bidding, that the granting of such a franchise is in the best interests of County residents based on the health, safety and well-being of residents in the franchise area where the partially or wholly exclusive franchise is awarded. Each franchise agreement shall specify the specific solid waste handling services to be provided by grantee; a different grantee may be granted a franchise to provide the same, or different, solid waste handling services in the same franchise area.
(b) In order to qualify for the award of a franchise, an applicant must:
(1) Have, or obtain prior to the approval of the franchise agreement by the County, and maintain for the term of its franchise agreement, a current health and safety permit to the extent such a permit is required under the provisions of Article 2 of Chapter 8 of Division 3 of Title 3 of this Code in order to provide the solid waste handling services to be provided under the franchise agreement; and
(2) Demonstrate a minimum of three years' experience in providing substantially the same type, class and extent of services as those for which the franchise is sought; and
(3) Provide to the Director the information which is required of an applicant for a health and safety permit pursuant to § 33.0825 of this Code.
(c) (1) The terms and conditions by which the grantee shall be obligated to provide solid waste handling services shall be as set forth in this Division 6 and, with respect to the items set forth in this Subdivision (c), as set forth in the franchise agreement.
(A) The franchise area, including any uniform handling area.
(B) The specific solid waste handling services to be provided by grantee, including appropriate operating requirements.
(C) The total rates related to the specified solid waste handling services to be provided by grantee and the method of billing its subscribers.
(2) (A) If the County and the grantee so agree, the franchise agreement may specify the solid waste facility or facilities to which the grantee will transport the solid waste collected pursuant to solid waste handling services provided under the franchise agreement.
(B) If the County and the grantee so agree, the franchise agreement may allow the County to specify a different or additional solid waste facility to which the grantee will transport the solid waste collected pursuant to the solid waste handling services provided under the franchise agreement. In such event, the franchise agreement may contain a cost per ton mile figure which sets forth the increase in the grantee's demonstrable costs related to such a change.
(C) If the County and the grantee so agree, the franchise agreement may specify that upon the effective date of the franchise agreement the grantee waives and forgoes any other rights it might have to provide solid waste handling services in other specified portions of the unincorporated County, including any rights it might otherwise have under Public Resources Code § 49520 or other law to receive advance notice of the cancellation of any permit or other authorization to provide such services.
(d) (1) The franchise agreement shall establish the initial term and any extensions. Notwithstanding the forgoing, the County reserves the right to increase the term or any extension if it believes that such an increase is in the best interests of the subscribers being serviced by the grantee under the franchise agreement.
(2) A franchise agreement may provide for automatic extensions; however, the Board may determine in its sole discretion that a franchise agreement shall not be extended. The action to not extend a franchise agreement must be taken no later than 60 days prior to the automatic renewal date of the franchise agreement. Such action shall terminate the automatic renewal and extension provision only and such franchise agreement shall remain in effect for the balance of the term then outstanding.
(e) The franchise agreement shall set forth the total rate (i.e., the inclusive schedule of rates to be paid to grantee for solid waste handling services provided to subscribers under its franchise agreement). The total rate shall be subject to review and adjustment pursuant to the provisions of this Division 6. If and when adjustments to the total rate are made pursuant to the provisions of this Division 6, the Director shall cause a certification of each such adjustment to be lodged with the County's official copy of the franchise agreement. No total rate or adjustment to same shall be implemented until approved by the Board or by the Director, as provided in this Division 6.
(f) Non-performance by grantee of the terms and conditions contained in this Division 6 or in its franchise agreement, or the occurrence of one or more of the events set forth in § 33.0827 of this Code, shall provide grounds for the loss of or limitation upon the grantee's right to provide solid waste handling services pursuant to its franchise agreement and for the termination of its franchise agreement. Grantee shall perform no solid waste handling services under its franchise agreement without possessing the required health and safety permit.
(g) Except when otherwise required by applicable Federal, State or local law, the terms and conditions of this Division 6 shall prevail over any inconsistent provisions of a franchise agreement.
(h) The grantee under any franchise agreement is an independent contractor and not an officer, agent, servant, or employee of County. Grantee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in any franchise agreement shall be construed as creating a partnership or joint venture between County and grantee. Neither grantee nor its officers, agents, or employees, shall obtain any rights to retirement or other benefits which accrue to County employees.
(Ord. 4385, passed - -2020; Am. Ord. 4434, passed - -2022; Am. Ord. 4460, passed - -2023)