(a) The City shall provide the service of collecting solid waste and recyclables within the City, either through its own employees or through an entity under exclusive or non-exclusive franchise or contract with the City for a term determined by the City. In the event the City determines to contract for such service, the City shall seek competitive bids and determine the standards for an exclusive contractor to collect both solid waste and recyclables. So long as the City provides such service, either through its own employees or by contract or franchise, it shall be unlawful for any person to engage in the business of collecting solid waste or recyclables within the City unless such person has a valid franchise or contract with the City to do so. The City reserves its right to regulate aspects of solid waste handling, including, but not limited to, level of services, times of collection, frequency of collection and waste diversion requirements.
(b) The approved contractor awarded a franchise or contract by the City shall comply with all local governmental licenses, permits, or written approval requirements applicable to the City, as well as with any and all state or federal requirements for the collection and removal of solid waste, recyclable material, hazardous waste or other waste, as agreed between the City and approved contractor. The contractor also may be required to assist in meeting the requirements of AB 939, AB 32, AB 341, AB 1826, AB 1594 and other laws and regulations that have been or will be imposed upon the City.
(c) No franchise contract or subscription shall be required for: (I) the removal of vegetative cuttings or other solid waste not containing garbage or manure to a legal place of disposal as a part of gardening or horticulture or for composting; (ii) contractors or builders removing debris, rubbish and trash from construction sites; (iii) any person removing large or oversized items from his or her premises; (iv) any person removing infectious or hazardous waste from his or her premises. All solid or hazardous waste self-hauled shall be contained, tied or enclosed to prevent leaking, spilling or blowing, and shall be deposited only in a duly authorized location.
(d) In accordance with state regulations, the following items are required before a franchise or contract shall be awarded by the City:
(1) The filing of a faithful performance or surety bond with the City, in an amount determined by the City, unless otherwise waived by the City Council.
(2) Evidence that the collector has experience and assets sufficient to meet the needs of the customers within the jurisdiction.
(3) Acquisition of a permit for waste collection from the County of Riverside.
(4) The filing of insurance certificates from a company or companies acceptable to the City Manager, showing the City as an additional named insured, where such insurance is primary and not contributing, and is in an amount of at least $10,000,000 combined single limit aggregate bodily injury and property damage, $5,000,000 vehicle liability insurance, and workers compensation in an amount as required by law. Such insurance shall remain in full force and effect during the term of any agreement, and the City shall be given 30 days advance notice of any modification, termination or suspension.
(15-9/91 § 6.06.07) (Am. Ord. 172, passed 7-12-2017; Am. Ord. 173, passed 8-2-2017)