Windsor Municipal Code Art. 3 Franchises for Collection Services

Footnotes:

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Editor's note— Ord. No. 2021-358, § 1, adopted Dec. 15, 2021, amended Art. 3 in its entirety to read as herein set out. Former Art. 3, §§ 11-1-300—11-1-330, pertained to similar subject matter, and derived from Ord. No. 2017-315, § 1, adopted Oct. 4, 2017.

Title. The ordinance codified in this section (this ordinance was adopted as an initiative approved by voters November 4, 1996) may be referred to as, the "Refuse, Recycling and Composting Competitive Bid Ordinance."

Competitive Bidding for Town Solid Waste, Recycling, and Green Waste Collection Programs. All Town recycling, solid waste and green waste collection programs, whether provided through an exclusive or non-exclusive agreement, shall be subject to a competitive bid process. This competitive bid requirement shall apply to an initial agreement and any extension of any existing agreement at any time. The Town Purchasing Agent shall establish and publish criteria that the Town shall employ to evaluate proposals submitted to the Purchasing Agent in such a competitive bid process.

Length of Agreement. All agreements which are entered into relative to the subjects specified in subsection b. of this section shall not exceed a term of ten (10) years, including any extension periods. (Ord. adopted by initiative 11-4-1996)

(Ord. No. 2021-358, § 1, 12-15-2021)

a. The Town may grant an exclusive franchise for solid waste collection services for a period not to exceed ten (10) years in accordance with the provisions of this title. The franchise shall be evidenced by a written exclusive franchise agreement approved by the Town Council. The agreement shall contain such terms and conditions as required by this Section and any additional terms and conditions as are determined by the Town Council to be in the best interests of the Town.

b. The exclusive franchisee shall be required to furnish a surety bond as specified in the agreement conditioned upon the faithful performance of the agreement and the provisions of this title. The agreement shall provide the exclusive franchisee with the sole and exclusive right to provide solid waste collection services in the Town.

c. The exclusive franchise agreement shall require the exclusive franchisee to procure and maintain for the period covered by the proposed franchise agreement general liability insurance, automobile insurance, and workers' compensation insurance.

d. Notwithstanding subsection (b) of this section, the Town Council, upon the written request of any public agency, may by motion authorize the public agency to contract for its own solid waste collection services; provided, however, that such services shall comply with all the requirements of this title.

e. The Town's exclusive franchisee providing organic waste collection services to generators within the Town's boundaries shall meet the following requirements and standards as a condition of approval of the exclusive franchise agreement with the Town to collect organic waste:

1. Through written notice to the Town annually on or before February 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

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

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

f. The Town's exclusive franchisee with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Town.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. The Council, by resolution, shall approve rates for collection of solid waste as specified in the franchise agreement.

b. The franchise agreement shall prohibit the franchisee from charging any amounts in excess of the rates specified by a resolution adopted by the Town Council.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. The Town may grant one (1) or more non-exclusive franchises for temporary construction and demolition debris collection services for a period not to exceed ten (10) years each in accordance with the provisions of this title. Each franchise shall be evidenced by a written non-exclusive franchise agreement approved by the Town Council. The agreement shall contain such terms and conditions as required by this section and any additional terms and conditions as are determined by the Town Council to be in the best interests of the Town.

b. Each non-exclusive franchise agreement shall require the non-exclusive franchisee to provide temporary construction and demolition debris collection services in the Town, in the manner provided in this title. Each non-exclusive franchisee shall be required to furnish a surety bond as specified in the agreement conditioned upon the faithful performance of the agreement and the provisions of this title. The agreement shall grant the non-exclusive franchisee the non-exclusive right to provide temporary construction and demolition debris collection services in the Town.

c. Each non-exclusive franchise agreement shall require the non-exclusive franchisee to procure and maintain for the period covered by the proposed franchise agreement general liability insurance, automobile insurance, and workers' compensation insurance.

d. Notwithstanding subsection (b) of this section, the Town Council, upon the written request of any public agency, may by motion authorize the public agency to contract for its own temporary construction and demolition debris collection services; provided, however, that such services shall comply with the provisions of this title.

e. The Town's non-exclusive franchisee(s) providing organic waste collection services to generators within the Town's boundaries shall meet the following requirements and standards as a condition of approval of the non-exclusive franchise agreement with the Town to collect organic waste:

1. Through written notice to the Town annually on or before February 1, identify the facilities to which they will transport organic waste including facilities for source separated recyclable materials and source separated organic waste.

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

3. Obtain approval from the Town to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1.

f. The Town's non-exclusive franchisee with authorization to collect organic waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with Town.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Except as permitted by Section 11-1-330, it is unlawful for any person other than an exclusive franchisee to offer, provide or otherwise engage in solid waste collection services within the Town.

b. Except as permitted by Section 11-1-330, it is unlawful for any person other than a non-exclusive franchisee to offer, provide or otherwise engage in temporary construction and demolition debris collection services within the Town.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. Except as permitted by Section 11-1-330, it is unlawful for any person to contract for solid waste collection services in the Town with any person other than an exclusive franchisee.

b. Except as permitted by Section 11-1-330, it is unlawful for any person to contract for temporary construction and demolition debris collection services in the Town with any person other than a non-exclusive franchisee.

(Ord. No. 2021-358, § 1, 12-15-2021)

a. No provision of this title shall prevent any of the following activities:

1. Self-hauling, including self-hauling of organic waste in accordance with Section 11-1-210.

2. Composting organic waste in accordance with Section 11-1-260.

3. Secure document shredding.

4. The sale or donation by a generator of recyclable materials or construction and demolition debris generated on his or her premises to a public or private entity provided that such entity does not charge the generator a fee or service charge of any type for the materials.

5. The collection and transportation of construction and demolition debris from a premises by a licensed contractor performing gardening, landscaping, tree trimming, or other similar services provided that the collection and transportation of the material is incidental and directly related to the service being offered by the licensed contractor and that such licensed contractor collects and transports the materials at no additional or separate fee using the licensed contractor's employees and equipment to a permitted facility.

6. The collection and transportation of construction and demolition debris from a premises by a licensed and permitted construction contractor performing construction work at the premises provided that the collection and transportation of the construction and demolition debris is incidental and directly related to the service being performed, and such licensed and permitted contractor collects and transports the materials at no additional or separate fee using the licensed and permitted contractor's employees and equipment to a permitted processing facility.

b. For purposes of this section, the term "incidental to the service being performed" means that the material requiring collection and transportation is generated by the activity of the person performing the hauling.

(Ord. No. 2021-358, § 1, 12-15-2021)