All franchise agreements shall include the following terms, which are the basic terms on which the County is willing to enter into a franchise agreement under this Chapter:
(a) Grant and Acceptance of Franchise. Each franchise agreement shall contain provisions that set forth the offer a franchise for Discarded Materials, Recyclables, Yard Trimmings, Organics and C&D, or similar services, and the acceptance thereof by the Franchisee, together with all geographic and other limitations on the exercise of franchise rights.
(b) Term. The duration of each franchise agreement shall be stated.
(c) Scope of Agreement. Each franchise agreement shall identify the scope of the services to be provided by the Franchisee, including whether such services are to be provided on an exclusive or non-exclusive basis, the materials covered by such services (i.e., Discarded Materials, Recyclables, Yard Trimmings, Organics, C&D, and other materials), the Collection area or areas of the franchisee, appropriate Disposal locations, and other similar matters relating to the Collection, Transportation, and Disposal services to be provided by the Franchisee.
(d) Public Education and Billing. At a minimum, each franchise agreement shall provide for the Franchisee 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.
(e) Performance Standards. Each franchise agreement shall specify the hours of Collection, the manner in which Containers, Carts, binds, Drop Boxes, or Compactors will be serviced, employee training, Franchisee responsibility for vehicle appearance, leaks, and related matters, and Hazardous Waste inspection and handling.
(f) Record Keeping and Reporting. Each franchise agreement shall require the Franchisee to maintain accurate accounting, statistical, and other records relating to services provided under the franchise, report submittal requirements, and related matters.
(g) Franchise Fees and Administrative Charges. Each franchise agreement shall state the amount of the franchise fee to be paid by the Franchisee as consideration for the contractual right to provide the services covered by the franchise agreement in the unincorporated areaand to compensate the County for its costs and expenses relating to the administration of the franchise. All franchise agreements shall also contain procedures for the adjustment of these fees from time to time.
(h) Indemnity, Insurance, and Bonding Requirements. Each franchise agreement shall contain appropriate indemnity and defense provisions, insurance requirements, and performance bond requirements.
(i) Default. Each franchise agreement shall identify the events that constitute a default thereunder, as well as the remedies available to the non-defaulting party.
(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)