(A) The County Manager shall require the franchised contractor/hauler to post with the county a bank guarantee, surety or performance bond in an amount determined by contract. The amount of such guarantee, surety or performance bond shall be based upon the number of customers of the contractor at the time of application each year, multiplied by the appropriate rate for services, multiplied by the three months service that the contractor/hauler receives in advance from the customer. If a surety or performance bond is used, it shall be furnished by a surety satisfactory to the county. All bonds shall be payable to the county and shall be conditioned upon the full and faithful performance by the contractor/hauler of his or her obligations under this chapter, and shall be kept in full force and effect by the contractor/hauler throughout the period of the agreement. Failure to post or keep the required bond shall be grounds for revocation or denial of an agreement.
(B) As a condition of the County Manager approving an agreement, the contractor/hauler shall agree to the terms of this chapter and any regulations enacted pursuant hereto.
(C) Notwithstanding any provision to the contrary of this chapter or of any agreement, the county shall initiate and accomplish all necessary actions to maintain solid waste collection services in unincorporated areas of the county in the event of failure of a contractor to provide collection services as per the contract. The county shall use the contractor/hauler's performance bond to pay for such service, except if the delay or failure to provide the service is caused by acts of God or other circumstances beyond the control of the contractor, and which could not reasonably have been anticipated or prevented.
(Ord. 2010-01, passed 5-19-2010; Am. Ord. 2017-02, passed 8-23-2017; Am. Ord. 2023-06, passed 11-15-2023)