§ 730-7. RFP and Application Requirements for a Franchise.

(a)

Any person wishing to obtain a franchise to engage in the business of providing commercial waste collection services within the city in 2013 when franchises are first available shall submit a response to an RFP to the city manager.

(b)

After initial franchises are awarded in 2013, any person wishing to obtain a franchise to engage in the business of providing commercial waste collection services within the city shall submit an application or response to an RFP to the city manager in compliance with the process established for awarding franchises.

(c)

An applicant for a franchise shall provide the city with satisfactory evidence demonstrating that:

(1)

The applicant has the experience, personnel, equipment, and other resources necessary to provide commercial waste collection services in compliance with the requirements in this chapter; and

(2)

The applicant has the capacity and willingness to comply with all applicable local, state, and federal laws.

(d)

Applicants for a new franchise and applicants for the renewal of an existing franchise shall provide the information requested by the city manager and any other relevant information. The application or RFP response and supporting information shall be submitted under oath and on forms supplied by the city manager. At a minimum, the application or RFP response shall include the following information:

(1)

The name and mailing address of the applicant; contact information for the applicant's designated representative; the name of the person to be granted the franchise; if the applicant is a corporation, the names of the corporation's principal officers; the names of the local operating managers who will be responsible for performing collection services for the applicant, together with the business address and telephone number of each manager;

(2)

If the applicant is a corporation, proof that the corporation is in good standing in the state of Ohio and, if the applicant is not an Ohio corporation, proof that the applicant is authorized to do business in the State of Ohio. If the applicant is operating under a fictitious name, the applicant shall be required to submit information that such fictitious name is registered and held by the applicant;

(3)

A statement of whether the applicant operates or has operated a solid waste collection business in Ohio or any other state or territory. If the applicant has provided or is providing solid waste collection services, the applicant shall describe all cases where and when it provided such services (but not more than ten (10) communities), and whether any of the applicant's permits, approvals, or licenses to provide such services have ever been revoked or suspended within the last five (5) years;

(4)

A complete record of all felony convictions, and all misdemeanor convictions within the last five (5) years, involving the applicant's collection, receiving, storing, separating, transportation, or disposal of solid waste. If the applicant is not an individual, the applicant also shall provide the complete record of such convictions for any person who is an officer, majority shareholder, or partner in the applicant, and any person having a controlling interest in the applicant;

(5)

A complete record of all civil penalties and liquidated damages in excess of five thousand dollars ($5,000.00) assessed against the applicant by local, state, and federal governmental entities within the last five (5) years involving the collection, transportation, or disposal of waste;

(6)

The types of materials to be collected, transported, or disposed of by the applicant under the franchise;

(7)

A list of the vehicles, equipment, and containers that will be used by the applicant to provide commercial waste collection services. The list shall be provided on a form prescribed by the city manager. At a minimum, the list shall identify the make, model, and year of each vehicle and piece of collection equipment, as well as the size and type of each container that will be used by the applicant. The city manager may inspect all of the vehicles, equipment, and containers identified by the applicant and thereby determine whether the applicant possesses vehicles, equipment, and containers that are capable of providing safe and efficient commercial waste collection services in compliance with this chapter; and

(8)

A chart identifying the maximum rates that the applicant charges customers for various types of commercial waste collection services.

(e)

Each applicant shall submit a non-refundable application fee to the city in the amount of one hundred ($100) dollars. The application fee is due and payable when the application is submitted. This fee shall not apply to proposals submitted in response to an RFP.

(f)

New applications must be submitted to the department at least sixty (60) days before the applicant plans to begin providing commercial waste collection services. Renewal applications must be submitted to the department at least thirty (30) days before the applicant's existing franchise expires.

(Ordained by Ord. No. 489-2012, § 1, eff. Jan. 14, 2013)