The following standards must be met and maintained by a solid waste contractor in order to be awarded and maintain an exclusive franchise:
A. Pay a business license tax when it is due and before it is delinquent;
B. Collect solid waste, recyclable organic waste and recyclable solid waste as required by the franchise agreement and this chapter;
C. Comply with the provisions of the solid waste collection rate, as adopted by resolution of the city council;
D. Submit for approval to the city manager any notice regarding solid waste collection services which a solid waste contractor intends to send or otherwise give to a customer. All such notices, including those sent with bills or invoices, shall be sent to the city manager at least 14 days prior to the date such notice is to be sent or otherwise provided to a customer. The failure of the city manager to respond to such notice at least 7 days prior to such date notice is to be sent or otherwise provided to customer shall constitute the city manager's approval of same.
Provided, however, that bills or invoices sent to a customer in the regular course of business for services rendered or to be rendered, and/or a notice of termination of services by reason of the non-payment of such bills or invoices shall be exempt from the approval process required pursuant to this subsection;
E. Submit an annual statement to the city manager in a form prescribed by the city manager and containing all financial information relating to a solid waste contractor's prior year of operations within the corporate boundaries of the city, which the city manager deems necessary in order to evaluate the need for any adjustment to the maximum solid waste collection rates. Said statement shall be prepared by an independent public accountant or certified public accountant licensed under the laws of the state of California and shall be submitted to the city manager by May 1st of each year for any adjustment in the maximum collection fees to take place the subsequent July 1st.
In order to verify such statements, the finance director shall have the right to audit the accounts and other related financial records of each solid waste contractor. Upon evaluation of the need for solid waste collection rate adjustment, city manager shall take all necessary steps to present such rate adjustment to the city council for approval;
F. Maintain at all times a current list of residential and commercial customer names, addresses and collection schedules, which shall be made available to the city finance director or other appropriate city representative upon request, for the purpose of audit. Such list shall be available for audit at any time during the business day. Failure to comply with this section will be grounds for revocation of the exclusive franchise;
G. Submit quarterly and annual reports to the city manager which are in a form prescribed by the city manager and as may be required by the solid waste contractor's franchise agreement as may be awarded by the city which sets forth such information on the solid waste contractor's recycling, organic waste and solid waste disposal operations as is operated both within and outside of the corporate boundaries of the city, as may be determined by the city manager to be necessary in order to evaluate the solid waste contractor's compliance with the city's recycling and organic waste programs. Said reports shall be submitted to the city manager no later than 30 days after the end of the quarter and 45 days after the end of the preceding calendar year. Documentation supporting the amount of recyclable solid waste and recyclable organic waste collected and processed, marketed for re-use, or otherwise disposed of, and any other documentation and/or materials necessary to verify the solid waste contractor's recycling, organic waste and solid waste disposal operations, shall be maintained by each solid waste contractor for at least two years and shall be subject to audit by the city;
H. Not allow any solid waste, recyclable organic waste, or recyclable solid waste – including in the form of a liquid – to spill, drop, fall or remain on the ground or surface in or upon any public street, alley, way or place;
I. Maintain a business office with at least one responsible person in charge to respond to customer questions and complaints during collection hours. Contractor shall maintain an office that provides local or toll-free telephone access to residents and businesses of the city and shall be open during normal business hours, 8:00 am to 5:00 pm Monday through Friday, except holidays;
J. Provide rear-yard solid waste and recyclable solid waste collection services to each single-family and two-family lot (as defined in CMC sec. 19.04.020) customer who elects to receive same, unless otherwise prohibited by the city. Notice of the availability of such service shall be provided to single-family and two-family customers upon commencement of service with the solid waste contractor;
K. Collect recyclable solid waste and recyclable organic waste from residential customers on the same day(s) and with the same frequency established for the collection of solid waste;
L. Collect recyclable solid waste, a recyclable organic waste and solid waste from multi-family and commercial customers on the day(s) and with the same frequency necessary to maintain sanitary conditions and comply with AB 341 and AB 1826;
M. Coordinate the route collection operations of solid waste, recyclable solid waste and recyclable organic waste with the city's street sweeping and leaf collection services;
N. Provide no fewer than two free bulky waste collections each year to single-family and two-family residential customers;
O. Provide no fewer than one free bulky waste collection each year to multi-family residential complexes as may be arranged by the multi-family complex management;
P. Fully cooperate with any contract compliance and performance review as may be undertaken by the city for solid waste services provided by contractor;
Q. Develop and maintain a website dedicated to services provided by the contractor in the city that is accessible by the public; and
R. Provide public outreach and education information, and sustainability staff support regarding the contractor's recycling and organic waste service, instructions and benefits of participating in recycling organic waste diversion programs provided by the contractor, the type of materials collected and not collected, and the procedures for preparing recyclable solid waste and recyclable organic waste for collection to all new residential and commercial customers, and to existing residential and commercial customers on at least a semi-annual basis.
(Ord. 2497 §2)