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A. Transfer of Contract. Any refuse contract let by the city council shall not be transferred, subcontracted or assigned unless approved by the city council in writing.
B. Customer Inquiries or Complaints. The contractor shall respond to all customer inquiries or complaints within twenty-four hours and shall exercise due diligence to resolve all complaints. Franchisee shall maintain a record of all complaints received by mail, by telephone or in person (including date, name, address of complainant and nature of complaint) for a period of three years. The contractor will maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the contractor to resolve the complaint. The contractor shall maintain a local office for the purpose of receiving customer payments and handling customer inquiries, orders and complaints. The "local" office must remain in a location within fifteen miles of the city boundary and having the same telephone area code as that existing in the city and listed in the telephone directory under the firm name. The local office shall be open to the public between the hours of eight a.m. to five p.m., five days per week, Monday through Friday, holidays excepted. A representative of contractor shall be available during office hours for communication with the public at such local office. Additionally, the contractor shall continue to employ the services of a telephone answering exchange for calls during non-business hours and provide a telephone system sufficient and adequate to handle calls during peak periods. The contractor shall provide the city manager and the city's police and fire departments with updated twenty-four hour emergency contact telephone numbers. The contractor shall have a representative or answering service available at said telephone number during all hours other than normal office hours.
C. Contractor Refuses Pick-up of Refuse. If for some reason refuse is not collected, the contractor will leave a written tag or other conspicuous written notice which state's the contractor's telephone number and address and explains why any item left for disposal was not collected. The contractor shall be required to maintain a log of all such notices issued which also states the location and the reason for refusing collection. Reasons for non-collection may include, but are not limited to the following: containers inaccessible to contractor (after contractor has made a reasonable effort to secure access), use of an improper container, container overfilled, heavy container, or, if the container contains hazardous waste.
D. Consultation with the Public Works Director or Designee. The contractor shall, in person or by his or her agent, visit the office of the director of public works or other designated enforcement officer at such times as the public works director shall designate for the purpose of discussing any matters or subjects relating to, and any complaints which may concern the contractor's performance under the contract. The contractor shall report back to the public works director or designee and/or cooperate with the public works director regarding any action or procedures taken with reference to complaints or other matters discussed, all as such procedures and actions may be further specified in the franchise contract.
E. Emergency Operation. In the event of a natural disaster, earthquake, storm, fire or other extraordinary occurrence that may tend to generate abnormal amounts of refuse, the city may require additional collection with payment to be determined by an agreement between the city manager and the contractor. Contractor shall maintain on-call equipment and personnel to be available to assist the city with debris collection and removal within a reasonable time resulting from emergencies and natural disasters, excepting that nothing in this section shall require contractor to collect, haul or dispose of waste that contractor is not permitted to handle.
In the event that service is interrupted due to labor disputes or other events impacting the health, safety and welfare of the citizens of the city, the city shall have the right to take over and have its municipal employees operate any and all equipment of the contractor in order to continue service pursuant to the terms of the contract.
F. Schedules to be filed with the City Manager. The contractor shall prepare and file with the manager schedules setting forth the specific days on which industrial, commercial, multifamily and residential collections shall be made.
G. Frequency of Pickup and the Hours of Operation. Collection service for single-family residential units and multi-family residential units shall occur at least once per week on a schedule approved by the city manager. Commercial and industrial units shall be provided with a minimum one-time weekly collection.
The contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace or quiet of the area wherein refuse collections are made. Collection services shall be conducted between such hours as specified in the city's duly-adopted franchise contract. The city may, from time to time, revise the collection hours by duly-adopted resolution.
H. Location and Handling of Containers. Unless otherwise directed by the city manager or his/her designee, all collections of refuse from single-family residences shall be made from the curb along the street in front of each property except that where paved alleys exist in the rear of such properties, collection shall be made from such paved alleys; provided, that this requirement shall not apply to a blind alley or an alley the width of which will not accommodate the vehicle used for collection.
Multi-family complexes shall utilize one or more dumpsters located at one or more central on-site location(s) and shared by multiple units. The location of multi-family containers and the location for automated collection therefrom shall be mutually-agreed as between the multi-family site management and the contractor, excepting that any storage or placement of dumpsters in public streets or rights-of-way shall be prohibited unless an encroachment permit has been obtained from the city.
Commercial and industrial customers shall utilize one or more dumpsters located at one or more central on-site location(s) and shared by multiple commercial/ industrial units. Commercial and industrial units may share containers with neighboring business establishments provided that all sharing units share the same commercial or industrial premises. The location of commercial/industrial containers and the location for automated collection therefrom shall be mutually-agreed as between the commercial/ industrial site management and the contractor, excepting that any storage or placement of dumpsters in public streets or rights-of-way shall be prohibited unless an encroachment permit has been obtained from the city. The contractor shall be allowed, unless specifically forbidden to do so by the owners or occupant, to enter private courts or places or other private property to make collections under a refuse collection contract with the city. The contractor, his or her agents, and his or her employees, shall not throw refuse containers from the truck to the pavement, or in any other way damage or roughly handle the same. All containers shall be placed in an upright position.
I. Maximum Rate. The rate for each residential unit or commercial/industrial establishment shall not exceed the rate established by the city council by resolution.
J. City Manager to Supervise Contract. Performance of each of the provisions of the refuse collection contract shall be under the supervision of the city manager or his/her designee (which designee may include the public works director or planning director, as appropriate pursuant to the terms of an effective franchise agreement). The supervising city representative shall see that the collection and disposal of refuse is carried out by the contractor as contemplated in this municipal code and particularly in this chapter. The contractor shall faithfully and regularly pickup, collect and remove refuse in accordance with this chapter and the refuse contract. The work shall be done in a prompt, thorough, lawful and workmanlike manner according to the contract and other specifications as may be approved by the city council.
K. Compliance with Laws, Ordinances. The contractor shall comply with all laws, ordinances, rules and regulations of the state, county, the city and all governing bodies having jurisdiction applying to work done or to be done under the contract. The contractor shall conform to and abide by all ordinances of the city and of the county and of cities where collections may be made hereunder or through which refuse collected may be hauled or where the refuse may be disposed of.
The contract, all terms, provisions and specifications thereof and all duties and obligations imposed thereunder upon the contractor, his agents, employees or assigns, shall be subject to and conditioned on the provisions of this chapter and such other ordinances as the city council may, from time to time, adopt with respect to the collection, removal or disposal of refuse.
L. Worker's Compensation Insurance. The contractor shall, at all times, keep fully insured as required by the Worker's Compensation Insurance and Safety Act at the contractor's own expense, all persons employed by the contractor in connection with the contract, and shall hold the city free and harmless from all liabilities that may arise by reason of the injuries to any employees of the contractor who are injured while performing any work or labor necessary to carry out the provisions of this contract. The contractor, during the term of the contract shall keep on file with the city clerk evidence that the contractor is fully and properly insured as required by the Worker's Compensation Insurance and Safety Act.
M. Performance Bond or Cash Deposit Required. Unless otherwise waived by the terms of a franchise agreement, the contractor shall deposit with the city a cash deposit or a performance bond or open an escrow account for security deposits that complies with Public Contract Code Section 22300, to guarantee the performance of any contract which the contractor may have with the city. The cash deposit or bond shall be in the amount specified by the city council.
N. Liability Insurance and Indemnification of City. The contractor shall be responsible for the cost of repairing any property damaged by the negligent or intentional conduct of its employees or agents. The contractor shall indemnify the city against, and hold the city harmless from, any claims asserted against the contractor on account of the negligence of the contractor or its employees, by employees of the contractor or by third parties, arising out of personal injuries or property damage suffered by any such persons on account of the operations of the contractor required by the contract. The contractor shall provide and maintain in effect, bodily injury liability insurance and property damage liability insurance with limits as provided for in the contract. The contractor shall have the city named as an additional insured under each of the aforementioned policies, and such policies shall be endorsed to require thirty days written notice to the city prior to any cancellation thereof. The contractor shall furnish the city clerk evidence that the insurance required hereunder is in effect.
O. Right of Contractor to Limit Service. This section shall apply to all such contracts under this chapter approved by the city council and shall be an additional term thereof, whether or not written into such contracts.
Whenever a contractor believes, upon reasonable grounds, that any householder or other customer is permitting the refuse of a separate household or occupants of other premises, which household or occupants are not customers of such contractor, to be deposited in the refuse containers of such customer, for the purpose of permitting such noncustomers to avoid the usual payment required for the pickup of such refuse, such contractor may, upon ten days written notice to such customers, limit the service provided to such customer to pickup of the contents of two refuse containers each week, for a period not exceeding one month. If such customer shall object, in writing, to the director of public works within such ten-day period, the director of public works shall require the contractor to show good cause why normal service should not be continued and shall afford the contractor an opportunity to do so in the presence of the customer. If, in the opinion of the director of public works, good cause is not shown, the contractor shall continue normal service; otherwise, such limited service may be instituted as herein provided.
P. Proper Disposal. To the extent refuse or recyclable materials cannot be reasonably diverted or recycled, the contractor shall dispose of the refuse at a place legally empowered to accept refuse for disposal.
Q. Refuse and Recyclables Materials Containers. Contractors shall provide each residential curbside customer with a minimum of one automated household refuse container for the accumulation and collection of household refuse, such household refuse container being gray in color, and one household refuse container for the accumulation and collection of commingled recyclable materials, such household refuse container being blue in color. Each household refuse container shall be made of durable plastic containing a minimum of twenty percent post-consumer recycled material content. Such containers must be fitted with handles and lids. Total capacity of such containers shall be at least sixty-five gallons. Although multi-family complexes are not required to utilize recyclable material containers, the contractor shall provide any multi-family complex with at least one on-site container (either a household refuse container for recyclables or a dumpster, as appropriate to the amount of recyclable materials generated) designated solely for recyclable materials free-of-charge upon request of the complex management.
(Ord. 2010-05-1415 § 6: Ord. 98-01-1229 § 4; Ord. 90-11-1082 § 1 (part))