Bradbury Municipal Code Art. II Collector Agreements

The City Council may authorize, by contract, a solid waste enterprise to provide solid waste handling services for residential users or customers. In the sole discretion of the City Council, the solid waste handling service may be authorized on an exclusive or non-exclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste within all or any part of the territory of the City. No person shall collect and/or dispose of solid waste or recyclables in the City without having first entered into a collector agreement with the City. Such collector agreement shall be in addition to any business license or permit otherwise required by the City. All such collector agreements shall comply with all of the requirements of this chapter.

(Prior Code, § 5101)

The terms and provisions of any collector agreement for solid waste handling services may relate to or include, without limitation, the following subject matters:

(1) The nature, scope and duration of the agreement.

(2) The collection schedule, including the frequency, days and hours of collection.

(3) The applicable rates, fees and charges for regular, special and emergency collection services, including the method of setting and adjusting same, and the responsibility for billing and collecting same.

(4) Collection vehicles, including the permissible size and color, and any required identification, safety equipment, maintenance, inspection, and operational requirements.

(5) The receipt, processing and reporting of customer inquiries and complaints.

(6) The collection of solid waste from publicly-owned property and facilities.

(7) Performance standards for the collector's personnel and equipment.

(8) Solid waste and recycling containers, including size, repair or replacement, handling, placement, obligations of the collector to provide, and permissible charges therefor.

(9) Standards and procedures for periodic performance reviews by the City.

(10) Noise attenuation policies and procedures.

(11) The maintenance by the collector of an office for the conduct of business.

(12) Policies and procedures relating to the non-collection of solid waste, the composting of green waste, the collection of recyclable materials, and resource recovery.

(13) Requirements relating to comprehensive liability insurance and workers' compensation insurance.

(14) Requirements relating to the dissemination of information to the public concerning regular and special solid waste collection and recycling services.

(15) Actions or omissions constituting breaches or defaults, and the imposition of applicable penalties, liquidated damages, and other remedies, including suspension, revocation or termination.

(16) Requirements relating to performance bonds and to indemnification.

(17) Requirements relating to affirmative action programs.

(18) Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records.

(19) Requirements relating to the assignment, transfer and renewal of the collector agreement.

(20) Requirements relating to compliance with and implementation of State and Federal laws, rules or regulations pertaining to solid waste handling services, and to the implementation by the City of State-mandated programs, including, without limitation, the City's "Source Reduction and Recycling Element" and the City's "Household Hazardous Waste Element."

(21) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collector agreement and which will, in the judgment and discretion of the City Council, best serve the public interest and protect the public health, safety and welfare.

(Prior Code, § 5102)

A collector agreement issued under this chapter shall not be transferred, sold, relinquished, delegated or assigned to another person without the approval of the City Council. This restriction includes the transfer of ownership of the authorized collector or the conveyance of the authorized collector's stock to a new controlling interest.

(Prior Code, § 5103)

The City Council may revoke or suspend any collector agreement if the collector has violated a provision of this chapter or of the collector agreement or any other applicable law, ordinance, or regulation of any public agency, in accordance with procedures set forth in the collector agreement. It is unlawful for any collector to operate under a collector agreement which has been revoked or suspended.

(Prior Code, § 5104)