Franchise Award. All Candidates must successfully pass Liberty’s Effective Operations Training (“EOT”) and Hands On Training (“HOT”) to be awarded a Franchise.
Franchise Award. No person shall do business in the collection and transport of solid waste generated within the City without a current, valid City franchise. A Franchise to provide solid waste management and collection services, including recyclable materials and yard debris in the service area of the City shall be granted only after a determination of need for the service. The determination of need is the responsibility of the City Council, which will seek the best balance of the following objectives:
1) To insure safe, efficient, economical, equitable and comprehensive solid waste service;
2) To avoid duplication of service that will cause inefficiency, excessive use of fuel, increased traffic, and greater wear on streets;
3) To provide service in areas of marginal return;
4) To promote and encourage recycling and resource recovery;
5) To improve the likelihood of the Franchise holder making a reasonable profit and thereby encourage investment in modern equipment;
6) To cooperate with other governmental bodies by recognizing their service arrangements; and
7) To otherwise provide for the service in a manner appropriate to the public interest.
Franchise Award. Contractor understands and acknowledges that the award of this Agreement and related decisions may be subject to review and repeal by the City's citizens th.rough a referendum or similar petition, and to various types of legal and environmental challenges (such referenda, similar petition and legal and environmental challenges being referred to collectively as "Legal Challenge and Referendum"). For purposes of this provision, "Legal Challenge and Referendum" expressly excludes any claims arising from or brought under California Constitution Article XIII D. Accordingly, this Agreement shall not become effective until the City reasonably determines that (1) any Legal Challenge and Referendum that had been initiated as of the time of such detennination have been resolved in favor of the City's award of this Agreement to Contractor, and (2) the deadline to initiate any additional Legal Challenge and Referendum has expired. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its Mayor, Council, officers, representatives, agents, employees and volunteers, harmless against any and all liability, claims, losses, damages, or expenses including reasonable attorney's fees, arising from any Legal Challenge and Referendum. In the event of any election regarding a Legal Challenge and Referendum, Contractor shall reimburse City within thi1iy (30) days of receipt of an invoice detailing such costs. With respect to any referendum, City shall meet and confer with Contractor to determine if the City will hold an election on the Referendum. If the City, in its sole discretion, decides to move forward with an election, Contractor shall be responsible for all City costs of doing so.
Franchise Award. All Candidates must successfully pass Liberty’s Effective Operations and Hands On Training to be awarded a Franchise.
