Chula Vista Municipal Code Ch. 8.23 Health and Sanitation

SOLID WASTE AND RECYCLING CONTRACT OR FRANCHISE*

Sections:

• 8.23.010 Contract or franchise authority.

• 8.23.020 Prerequisites to authorization.

• 8.23.030 Bonding of contractor or grantee.

• 8.23.040 Written acceptance.

• 8.23.050 Publication costs.

• 8.23.060 Contract or franchise terms and conditions.

• 8.23.070 Renewal of contract or franchise.

• 8.23.080 Termination. 8.23.090 Assignment.

• Prior legislation: Ords. 2568, 2569, 2571 and 2656.

The City Council may, pursuant to State law, or in accordance with Article XII of the Charter of the City, contract or franchise for solid waste and recyclables collection and disposal. (Ord. 2740 § 1, 1998).

• A. Applicants for a contract or franchise pursuant to this chapter and the Charter of the City must file with the City administration the following information:

  1. Name and description of the applicant;

  2. Permanent home and business address and full address of the applicant;

  3. Trade and firm name;

  4. If a joint venture or a partnership, the names of all partners, or if a corporation, the names of the officers and any controlling shareholders, and, in each case, their percentages of participation and their permanent addresses;

  5. That the applicant has arranged for the disposal area where the same may be legally accepted and disposed;

  6. The location of the disposal area;

7. Facts showing that the contractor is qualified to render efficient refuse collection service;

8. That the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately and that the applicant owns or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition;

9. That the vehicles and equipment conform to all applicable provisions of this chapter;

10. Such other facts or information as the City Manager or the City Council may require.

B. The City Manager shall investigate the information required by subsection (A) of this section and verify that the contractor or grantee is capable of complying with the provisions of this chapter, the terms of the proposed contract or franchise, and the rules and regulations of the City. The City Manager shall notify the City Council of his findings prior to approval or denial of the contract or grant of franchise by the Council. (Ord. 2740 § 1, 1998).

Before entering into a contract or franchise under the provisions of this chapter, the Council shall require the contractor or grantee as a condition to the contract or franchise to post with the City Clerk a cash bond or surety bond in an amount determined by the Council and furnished by a corporate surety authorized to do business in the state, payable to the City. The bond shall be conditioned upon the full and faithful performance by the collector of his obligations under the applicable provisions of this chapter and shall be kept in full force and effect by the collector throughout the life of the permit and all renewals thereof. (Ord. 2740 § 1, 1998).

Any franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk. (Ord. 2740 § 1, 1998).

The grantee of a franchise hereunder shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within 30 days after the City shall have furnished such grantee with a written statement of such expense. (Ord. 2740 § 1, 1998).

A contract or franchise may be let on such terms and conditions as may be required or approved by the City Council in accordance with the terms of this chapter and the City Charter. (Ord. 2740 § 1, 1998).

Where a contract or franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or franchise, the City Council, without inviting bids or proposals therefor, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as the City Council may provide. The City Council shall, however, whether considering a contract or a franchise, follow the procedures established by Article XII of the Charter for notice and hearing. (Ord. 2740 § 1, 1998).

A contract or franchise may be terminated at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council. If it is determined by the City Manager following an inspection of the contractor’s or grantee’s place of business, after reasonable notice to the contractor or grantee, that the operator or manager has not complied with the provisions of this chapter and all other applicable statutes, ordinances, rules and regulations of the state and City, the City Manager shall notify the contractor or grantee in writing of noncompliance and shall order compliance within 30 days. If noncompliance is not corrected, the Council, after a hearing, shall be empowered to cancel the contract or franchise with the operator, or take such other action as the Council shall determine. (Ord. 2740 § 1, 1998).

No assignment of subcontracting of any contract or franchise, or any right occurring under any contract or franchise, shall be made in whole or in part by the contractor or grantee without the express written consent of the City. In the event of any assignment, the assignee shall assume the liability and all other obligations of the contractor grantee. (Ord. 2740 § 1, 1998).