Yolo County Municipal Code Art. 5 Franchises

(a) Requirement. No Person shall collect, handle, transfer, store, process, Transport or use Discarded Materials (including Recyclable Materials, Yard Trimmings, Organics and C&D) in the unincorporated area of the County without first receiving a franchise to engage in such activity from the County.

(b) Exceptions. The provisions of this Section shall not apply to any of the following:

(i) Materials Collected by the Other Authorized Franchisee. Solid Waste, Recyclable Materials, Yard Trimmings, Organics, and C&D Collected by other Franchisee that is not within the scope of Contractor’s exclusive franchise rights pursuant to this Agreement.

(ii) Materials Hauled by Owner or Occupant, or its Contractor. Solid Waste, Recyclable Materials, Yard Trimmings, Organics, C&D and Specialty Recyclable Materials that are removed from any Premises by the Owner or Occupant in accordance with the Yolo County Code, Chapter 17 to Title 6, Article 3, Section 6-17.301.

(iii) Commodities Collected for Compensation. Source Separated Recyclable Materials, Yard Trimmings, Organics, C&D, and Specialty Recyclable Materials generated by Commercial businesses, including County facilities, which are Collected by a Person through a private purchase arrangement with the Generator where the Generator is compensated reasonably for the materials Collected or the Generator is not paying a fee for any hauling or other in connection with such arrangement, purchasers of. In accordance with County ordinance, the Source Separated Recyclable Materials, Yard Trimmings, Organics, C&D, and Specialty Recyclable Materials collected shall be separated from Solid Waste by the Generator so that they are at least 90 percent Recyclable or Compostable, and the Generator shall be required to subscribe to a minimum level of Solid Waste Collection under this Agreement.

(iv) Hazardous Wastes and Infection Waste. Household Hazardous Waste, Hazardous Waste, Infectious Waste, and Designated Waste regardless of its source.

(v) Materials Generated by Public Schools, the University of California Davis (UCD), City, County, State and Federal Facilities, and waste generated on tribal lands. Materials generated by public schools, UCD, and City, County, State and Federal facilities (except those Federal facilities subject to 42 U.S.C. 6961 (a)) located in the County provided that the generator has arranged services with other Persons or has arranged services with the Contractor through a separate agreement arranged through a form agency procurement process.

(vi) Donations. Items being collected or dropped off for reuse or repurposing at a thrift store.

(vii) Bulky Items Direct from Retailer. Bulky items such as mattresses or large appliances that are removed and recycled as part of a service, provided by a retailer, when Customer purchases a new similar product.

(viii) Food Delivery. Food delivered to food recovery organizations for the purposes of human consumption as outlined in SB1383.

(ix) Exemptions. Any Single-Family or Commercial Premises who has been granted an exemption by the County to either self-haul their waste to the Yolo County Central Landfill or Esparto Transfer Station or be exempted under any of the categories in Section 6-17.301.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

(a) Generally. Within the Exclusive Boundary Area(s), all Single-Family residences, Multi-Family and Commercial Premises are included in an exclusive franchise area. Within an Exclusive Boundary Area, only a Franchisee with exclusive rights or, if none exists, other enterprise that is authorized to provide Collection services under Section 6-17.501 may provide Discarded Material Collection services to Single-Family residences, Multi-Family and Commercial Premises.

(b) Maps. The Department of Community Services shall maintain a map or maps of the unincorporated area that reflect the boundaries of the Exclusive Single Family Collection Areas. Such map or maps shall be provided to any Person for review upon request, and may be posted on the internet or otherwise made readily available for public review.

(c) Alterations. The Board of Supervisors reserves the right to adjust the boundaries of the Exclusive Boundary Area(s) from time to time, in its sole discretion.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

Franchises shall be granted by the Board of Supervisors in the following manner. These requirements may be waived or modified by the Board of Supervisors in appropriate circumstances, in its sole discretion:

(a) The Department of Planning and Public Works shall prepare a request for proposals and submit it to the Board of Supervisors for approval. The request for proposals shall include, at a minimum:

(i) A detailed specification of the scope of services to be provided;

(ii) A detailed cost proposal form;

(iii) A request for background and qualifications relevant to the type of services to be provided;

(iv) A request for detailed criminal history of(a) each Person, firm or entity that submits a response to the request for proposals; and(b) where the responding party is a firm or entity, of each Person who owns 10 percent or more of the shares of stocks, assets, or other interest in the entity. If requested by the County, the applicant shall also submit such additional information, including consent to a background check and agreement of the applicant to pay all related costs, as may be necessary to fully investigate the potential criminal history of those Persons and entities subject to this subsection;

(v) Requirements for compliance with all relevant County policies, including but not limited to policies relating to non-discrimination;

(vi) A list of all permits or franchise authorizing similar Collection and Disposal services in other jurisdictions, together with a detailed description of the nature of the applicant’s business activities and such other information as the applicant deems relevant for consideration

(vii) A copy of a draft franchise agreement, as approved by the County Counsel, with the terms stated in Section 6-17.504 below, and such additional terms and provisions as may be appropriate;

(viii) The time, date, and place for the opening of sealed proposals;

(ix) The criteria that will be used to evaluate proposals; and

(x) Any other relevant information, including but not limited to a request for a plan of operations.

(b) Once approved by the Board of Supervisors, the request for proposals shall be published once a week for two successive weeks in a newspaper of general circulation in the County. The first such publication shall be at least four weeks prior to the date given for the opening of sealed proposals. In addition, the Department may take any other reasonable steps to advertise the availability of the request for proposals, including internet postings, publication of notice in trade journals and publications, and similar methods.

(c) Proposals shall be opened by the Director of Community Services or designee, in public, at the time and place designated in the notice to proposers. Proposals received after the time so specified shall not be accepted and shall be returned unopened to the Person, firm or entity submitting such late proposal.

(d) In evaluating proposals, the Department shall convene a panel of evaluators, which shall at a minimum include the Director or designee. Utilizing criteria specified in the request for proposals, the panel shall evaluate and score the proposals, and shall upon completion of the evaluation process provide a written recommendation to the Board of Supervisors as to the responsible and qualified proposer whose proposal provides Collection service at the lowest cost. A written notice of the panel’s recommendation shall be provided to all proposers. Except as provided otherwise in this section, the Board of Supervisors shall, within the time specified in the request for proposals, select as the Franchisee the responsible and qualified proposer whose proposal provides Collection service at the lowest cost.

(e) The Board of Supervisors may reject all proposals, and may thereafter instruct the Director to take such further action as the Board may direct, including but not limited to engaging in negotiations with one or more firms, Persons or entities, or issuing a revised request for proposals in accordance with the procedures specified in this article. The Board of Supervisors may also, in its discretion, waive any minor irregularities contained in a proposal.

(f) Notwithstanding any other provision of this section, the Board of Supervisors may, upon finding that it is in the best interests of the county and upon a vote of two-thirds of the Board, waive the competitive process required by this Section and may instruct the Director to take such further action as the Board may direct, including but not limited to engaging in negotiations with one or more firms, Persons or entities, or engaging in such other process as the Board may specify.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

All franchise agreements shall include the following terms, which are the basic terms on which the County is willing to enter into a franchise agreement under this Chapter:

(a) Grant and Acceptance of Franchise. Each franchise agreement shall contain provisions that set forth the offer a franchise for Discarded Materials, Recyclables, Yard Trimmings, Organics and C&D, or similar services, and the acceptance thereof by the Franchisee, together with all geographic and other limitations on the exercise of franchise rights.

(b) Term. The duration of each franchise agreement shall be stated.

(c) Scope of Agreement. Each franchise agreement shall identify the scope of the services to be provided by the Franchisee, including whether such services are to be provided on an exclusive or non-exclusive basis, the materials covered by such services (i.e., Discarded Materials, Recyclables, Yard Trimmings, Organics, C&D, and other materials), the Collection area or areas of the franchisee, appropriate Disposal locations, and other similar matters relating to the Collection, Transportation, and Disposal services to be provided by the Franchisee.

(d) Public Education and Billing. At a minimum, each franchise agreement shall provide for the Franchisee to prepare and distributed information to its Customers describing how to prepare material covered by the franchise for Collection, materials that are excluded from Collection, and related matters.

(e) Performance Standards. Each franchise agreement shall specify the hours of Collection, the manner in which Containers, Carts, binds, Drop Boxes, or Compactors will be serviced, employee training, Franchisee responsibility for vehicle appearance, leaks, and related matters, and Hazardous Waste inspection and handling.

(f) Record Keeping and Reporting. Each franchise agreement shall require the Franchisee to maintain accurate accounting, statistical, and other records relating to services provided under the franchise, report submittal requirements, and related matters.

(g) Franchise Fees and Administrative Charges. Each franchise agreement shall state the amount of the franchise fee to be paid by the Franchisee as consideration for the contractual right to provide the services covered by the franchise agreement in the unincorporated areaand to compensate the County for its costs and expenses relating to the administration of the franchise. All franchise agreements shall also contain procedures for the adjustment of these fees from time to time.

(h) Indemnity, Insurance, and Bonding Requirements. Each franchise agreement shall contain appropriate indemnity and defense provisions, insurance requirements, and performance bond requirements.

(i) Default. Each franchise agreement shall identify the events that constitute a default thereunder, as well as the remedies available to the non-defaulting party.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

Rates and charges for Discarded Materials, Recyclables, and other services performed pursuant to this Chapter shall be as prescribed in the contracts between the County and authorized Franchisees for services provided in Exclusive Single-Family Collection Areas. In all other areas, authorized Franchisees may charge any reasonable amount for services provided to subscribers, so long as such rates and charges do not exceed maximum rates established by the Board of Supervisors.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

All subscribers of services provided by a County Franchisee will be billed directly by that Franchisee. Such bills may be paid by check, cash, or credit card. For periods of vacancy when a subscriber will not require any services from a County Franchisee, the subscriber may request a temporary discontinuation of service and related charges. Any such discontinuation will take effect after an initial vacancy period of 30 days and, unless the Franchisee agrees otherwise, will be for a minimum period of 30 days.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)

Any account with unpaid charges for one year or longer shall be considered a delinquent account. At the request of a County Franchisee, and upon the submission to the County of appropriate information demonstrating that an account is delinquent, the County will send a letter to the Owner of the property with the delinquent account and request payment within 30 days. If complete payment is not received by the County within 30 days, the County shall place a lien on the property in accordance with Government Code Section 25828, and proceed to collect any unpaid amounts in the manner set forth therein. All amounts collected by the County pursuant to this Section shall be remitted in full to the Franchisee, less any offset for amounts due the County from that Franchisee.

(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)