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9.20.090
<br />(Pleasanton Supp. No. 27, 1-22) 250
<br />rial which has been placed in a designated recycling
<br />collection location, or in a public or private trash can.
<br />Any and each such removal in violation hereof from any
<br />designated recycling collection location, public trash can
<br />or private trash can shall constitute a separate and dis-
<br />tinct offense. (Ord. 2226 § 3, 2021; Ord. 2019 § 1, 2011)
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<br />9.20.090 Rates.
<br /> A charge shall be collected by the collector with a
<br />collection contract entered into pursuant to Section
<br />9.20.100 of this chapter pursuant to a rate schedule
<br />adopted by resolution of the city council. The rate
<br />schedule shall be incorporated in any contract entered
<br />pursuant to this chapter. (Ord. 2226 § 3, 2021; Prior
<br />code § 4-4.12)
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<br />9.20.100 Collection contract.
<br /> A. For the exclusive privilege of collecting,
<br />removing and disposing of all solid waste, recyclables
<br />and organic waste in and from the city, a contract shall
<br />be entered into by the city subject to the terms and con-
<br />ditions of this chapter. The city council by resolution
<br />shall have the power to provide for the inclusion in such
<br />contract of such terms as it may deem necessary to pro-
<br />tect the best interests of the city.
<br /> B. In awarding a contract under this chapter,
<br />the city council shall consider the type of equipment to
<br />be used, the amount of money offered, the responsibility
<br />and past experience of the persons making the proposal.
<br /> C. An award of such contract shall confer upon
<br />the person to whom the contract is awarded, the exclu-
<br />sive right, during the terms of the contract, to collect,
<br />transport and dispose of solid waste, recyclables and
<br />organic waste produced or accumulated within the cor-
<br />porate limits of the city, subject only to such exceptions
<br />as: (1) are specifically set forth in this chapter; or (2) are
<br />specifically set forth in the contract. All provisions of
<br />this chapter applicable to the contractor shall constitute
<br />and be a part of any contract awarded under this chapter.
<br />It is unlawful for any person other than the person to
<br />whom such contract shall be awarded, or to whom such
<br />contract may be assigned with the consent of the city
<br />council, to collect or remove solid waste, recyclables
<br />and organic waste in and from the city, except as pro-
<br />vided in this chapter.
<br /> D. The person to whom such contract shall be
<br />awarded shall file with the city clerk a bond for the
<br />faithful performance of the contract in the sum of
<br />$1,000,000.00, unless otherwise provided in the contract
<br />entered into pursuant this section.
<br /> E. The term of such contract shall not be for
<br />more than five years, but may provide that the collector
<br />shall have an option to extend for an additional five
<br />years, upon giving written notice to the city at least 90
<br />days before termination. Further, the agreement may
<br />provide that at the end of said option, being 10 years
<br />from the date of agreement, both parties, by mutual con-
<br />sent reached at least 90 days prior to termination, may
<br />extend the agreement for an additional period not to
<br />exceed five years, unless otherwise provided in the con-
<br />tract entered into pursuant this section.
<br /> F. Unless otherwise provided in the contract
<br />entered into pursuant this section, such contract shall
<br />also require that said collector procure for the period
<br />covered by the proposed contract, full workmen’s com-
<br />pensation insurance with an approved insurance carrier.
<br />Such contract shall also require that said collector carry
<br />public liability insurance to the amount of $5,000,000.00
<br />for the death or injury of one person, and
<br />$10,000,000.00 for the death or injury to two or more
<br />persons in any one accident, and property damage insur-
<br />ance to the extent of $5,000,000.00 upon each of the
<br />trucks or other vehicles used by the contractor in the
<br />carrying out of the work called for in the contract. The
<br />insurance to cover both the city, the members of the
<br />council and its officers, employees and agencies, and the
<br />collector.
<br /> G. The council may, in its discretion, negotiate,
<br />award and execute a contract for the exclusive right to
<br />collect, remove and dispose of solid waste, recyclables
<br />and organic waste in and from the city.
<br /> H. The contract and this chapter shall specifi-
<br />cally apply to all facilities and buildings owned or oper-
<br />ated by governmental agencies within the city. (Ord.
<br />2226 § 3, 2021; Prior code § 4-4.13)
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