For the collection and disposal of solid waste or for the collection and disposal and/or composting of organics, and/or for the collection and recycling of dry recyclables, a contract for a period determined by the city council may be entered into by the city in accordance with and subject to the terms and conditions of the provisions of this chapter and the laws of the state. If the city elects to enter into separate contracts for different portions of the city, each of the aforementioned contracts may be separate, and whether by separate contract or by a single contract, may be held by one contract agent.
Any such contract shall provide that the contractor shall collect and dispose of the solid waste in the city, or collect and compost the organics in the city, or collect and recycle the dry recyclables in the city, in the manner in which this chapter provides, and shall not charge any amount in excess of the rates specified by the council under the authority granted to it in this chapter, subject to a discount, in an amount to be determined by the council, on solid waste and organics collection fees for seniors and disabled customers. The contractor shall be required to furnish a surety bond to the city in the sum of the value of the contract for one year or one hundred thousand dollars ($100,000.00), whichever is less, conditional upon the faithful performance of the contractor and the provisions of this chapter. The contractor shall have the sole and exclusive right, except as in this chapter otherwise provided, to collect all solid waste, organics and dry recyclables in the city (or in the portion of the city covered by its contract), and transport the same through the streets and public ways of the city.
Each contract shall further provide that the contractor shall be required to dispose of all such solid waste at the transfer station or disposal site selected by the contractor and approved by the city, or the recyclable materials and organics at the MRF or processing facility selected by the contractor.
Each such contract shall also require that the contractor carry comprehensive general liability insurance in an amount not less than five million dollars ($5,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage; automobile liability insurance in an amount not less than five million dollars ($5,000,000.00) combined single limit per accident for bodily injury and property damage; and workers' compensation and employers' liability insurance in amounts not less than: a) workers' compensation limits as required by the Labor Code of the state of California, and b) employers' liability limits of one million dollars ($1,000,000.00) per accident. Such insurance is to cover both the city and the contract agent.
The council by resolution shall have power to provide for the inclusion in such contract of such terms as it deems necessary to protect the interests of the city.
Each contract may be let to such responsible persons as the council may see fit, or be let on bids, and if let on bids, sealed bids shall be called for by the council and the contract awarded to the lowest responsible bidder. Each proposal or bid shall be accompanied by a certified check, payable to the city, in the sum of one thousand dollars ($1,000.00) which sum shall be forfeited to the city if the bidder to whom is awarded the contract shall fail or refuse to enter into the contract within ten (10) days after the date of mailing to the successful bidder the "notice of award of contract". The council reserves the right to reject any and all bids. (Ord. 2014-3, 3-3-2014)