Cudahy Municipal Code Art. III Collection Agreement

(1) The city council may authorize, by written contract, a solid waste enterprise to provide solid waste and recyclable materials handling services for residential and commercial/industrial users or customers. In the sole discretion of the city council, the solid waste and recyclable materials handling services may be authorized on an exclusive or nonexclusive basis, and with or without competitive bidding, and may relate to any class or type of solid waste and recyclable materials within all or any part of the territory of the city.

(2) No person shall provide solid waste and recyclable materials handling services in the city unless that person has entered into a collection agreement with the city for exclusive solid waste and recyclable materials handling services, except as otherwise specifically provided in this chapter.

(3) Solid waste enterprises providing solid waste and/or recyclable materials handling services from commercial/industrial premises in the city on the effective date of the ordinance codified in this chapter under a permit or a nonexclusive collection agreement may continue to provide such services only until the rights thereunder are terminated or revoked, or until such rights expire pursuant to the provisions of Section 49520 of the Public Resources Code, so long as such collectors comply with the provisions of this chapter.

(4) Any collection agreement shall be in addition to any business license or permit otherwise required by this code. Except as otherwise specifically provided in this chapter, no permit issued by any other governmental agency authorizing collection of solid waste or recyclable materials shall be valid in the city, unless the permit holder has entered into a collection agreement. (Ord. 716 § 2, 2021; Ord. 540 § 3; Ord. 532 § 1. 2002 Code § 12-3.1).

The terms and provisions of any collection agreement for solid waste and recyclable materials 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 collector fee, including the amount, method of computation, and time for payment.

(4) 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.

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

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

(7) The collection of solid waste from property and facilities owned by public agencies.

(8) Performance standards for the collector’s personnel and equipment.

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

(10) Standards and procedures for periodic performance reviews by the city.

(11) Noise attenuation policies and procedures.

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

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

(14) Requirements relating to comprehensive liability insurance and workers’ compensation insurance.

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

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

(17) Requirements relating to performance bonds and indemnification.

(18) Requirements relating to equal opportunity and nondiscrimination programs.

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

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

(21) Requirements relating to compliance with and implementation of state and federal laws, rules or regulations pertaining to solid waste and recyclable materials handling services, and to the implementation of state-mandated programs, including, without limitation, the city’s “source reduction and recycling element” and the city’s “household hazardous waste element.”

(22) Such additional requirements, conditions, policies and procedures as may be mutually agreed upon by the parties to the collection 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. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.2).

(Ord. 716 § 2, 2021. 2002 Code § 12-3.3).

Each collector shall pay to the city a collector fee pursuant to Article XII of Chapter 5.08 CMC. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.4).

In the event of any conflict between the provisions of a collection agreement which is authorized and approved by the city council and the provisions of this chapter, the provisions of the collection agreement shall control. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.5).

Every collector shall obtain and maintain at all times during the collector’s operations a business license issued by the city, and all applicable permits and licenses required by any public agency having jurisdiction. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.6).

No permit or collection agreement which is authorized by, subject to, or issued under the provisions of this chapter shall be transferred, delegated, sublet, subcontracted to or assigned to another person without the prior approval of the city council. This restriction includes the transfer of ownership or the majority of the ownership or control in the collector, and the transfer of a majority of stock in collector to another person. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.7).

After a hearing pursuant to this chapter, the city manager may revoke or suspend any collector’s permit or collection agreement for violation of a provision of this chapter, of the terms of the permit or agreement, or any other applicable law, ordinance, or regulation of any public agency. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.8).

The city manager, without a hearing, may suspend a collector’s permit or collection agreement permit for not more than 60 days, if the city manager finds that continued operation by the collector will constitute an immediate and serious threat to the public health, safety, or general welfare. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.9).

The city manager shall mail notice of a hearing to revoke a collection agreement to the collector not less than 15 days prior to such hearing. In the event of the revocation of a collection agreement or a permit, the city manager shall notify the collector in writing of the reasons therefor. Notification may be made in person or by mail. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.10).

Within 15 calendar days after notice by the city manager has been sent to the collector, the collector may file with the city clerk an appeal to the city council of the revocation of a collector’s permit or collection agreement. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.11).

The city council may either affirm the action of the city manager, remand the matter to the city manager for further consideration, or set the matter for hearing by the city council. If the city council sets the matter for hearing, it shall base its action upon the standards set forth in CMC 8.12.110. Notice of such hearing shall be mailed or personally delivered to the collector not less than 15 days prior to the hearing. (Ord. 716 § 2, 2021; Ord. 532 § 1. 2002 Code § 12-3.12).