Tiburon Municipal Code Art. II Collection

The town council may, with or without having invited bids therefore, enter into a contract with any responsible person or entity to be the authorized collector under this chapter. The term of such contract, rates of collection and other provisions of such contract shall be as provided by resolution of the town council. Where such a contract has been entered into between the town and a contractor for the collection, removal and disposal of solid waste, and such contractor shall have satisfactorily performed such contract, the town council, without inviting bids or proposals therefore and without giving notice of its intention to do so, may, either prior to or after the expiration of such contract, extend or renew the same for such a period and on such terms and conditions as the town council shall provide by resolution.

(Ord. No. 592 N.S., § 2, 12-1-2021)

The contract shall contain the following provisions:

(a) The authorized collector shall be required to dispose of all solid waste at appropriate disposal facilities satisfactory to the town.

(b) The town's authorized collector providing residential, commercial, or industrial organic materials collection services to generators within the town's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the town to collect organic materials:

(1) Through written notice to the town annually on or before January 1, 2022, identify the facilities to which they will transport organic materials including facilities for source separated recyclable materials and source separated organic materials.

(2) Transport source separated recyclable materials and source separated organic materials to a facility, operation, activity, or property that recovers organic materials as defined in 14 CCR, Division 7, Chapter 12, Article 2.

(3) Obtain approval from the town to haul organic materials, unless it is transporting source separated organic materials to a community composting site or lawfully transporting construction and demolition debris in a manner that complies with 14 CCR Section 18989.1.

(c) The authorized collector shall comply with all applicable federal, state and local laws, as they may be amended from time to time, in performance of the contract.

(d) The authorized collector shall be required to make provisions for collection and disposal of household hazardous waste.

(Ord. No. 592 N.S., § 2, 12-1-2021)

The authorized collector shall provide solid waste collection service to all persons situated within the town; provided, that payment for service is made. The town council may establish standard regulations for the methods of collection of solid waste service charges, including the enforcement thereof. The town manager shall supervise the collection and removal of all solid waste by the authorized collector.

(Ord. No. 592 N.S., § 2, 12-1-2021)

The authorized collector shall be considered as and shall be an independent contractor and shall be responsible to the town for the result of his work to be done, but shall act under his own directions as to the manner of performing this work; and he shall keep himself and all of his employees insured against all liability under state workmen's and employees insurance, compensation and safety laws and against public liability and property damage (including all such liability for use or operation of motor vehicles used in the performance of work hereunder). Such public liability insurance shall be in a form and manner and to the extent satisfactory to the town. Evidence of such insurance shall be filed with the town annually.

(Ord. No. 592 N.S., § 2, 12-1-2021)

Prior to execution of any contract authorizing any person or entity to act as the authorized collector under this chapter, said person or entity shall file with the town a bond for the faithful performance of the contract in the sum of one hundred thousand dollars.

(Ord. No. 592 N.S., § 2, 12-1-2021)

(a) An award of a contract under this chapter shall confer upon the person to whom the contract is awarded the exclusive right to serve as authorized collector under this chapter during the terms of the contract, to collect, transport and dispose of solid waste, subject only to such exceptions as are specifically set forth in this chapter or the town's contract with authorized collector. All provisions of this chapter applicable to the authorized collector shall constitute and be a part of any contract awarded hereunder.

(b) Nothing in this chapter shall preclude an occupant, renter, or owner of property in the town to regularly dispose of their solid waste either personally or through the uncompensated services of another, in either case at a county-operated disposal facility.

(c) No person, other than the authorized collector or persons authorized under subsection (b) of this section, shall remove paper, glass, cardboard, plastic, used motor oil, ferrous metal, aluminum, or other recyclable materials which have been source separated from solid waste materials and placed at a designated collection location for residential curbside collection for the purposes of collection and recycling.

(Ord. No. 592 N.S., § 2, 12-1-2021)

The authorized collector shall charge every user of solid waste collection service, at rates established pursuant to the contract between the town and the authorized collector. Such rates shall be subject to change in accordance with said contract. The authorized collector shall use reasonable efforts to set rates so as to fairly distribute the costs of solid waste collection service between users thereof according to the extent of their usage.

(Ord. No. 592 N.S., § 2, 12-1-2021)

The authorized collector shall establish routes, days and hours for collection of solid waste and may change the same from time to time. When such routes, days and hours are established or changed, the same shall be filed with the town manager.

(Ord. No. 592 N.S., § 2, 12-1-2021)