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HomeMy WebLinkAboutReso 1964-3482 . a . ~, . ~ , RESOLUTION N0. 3482 RESOLUTION OF THE C ITY COUNCIL OF THE C ITY OF CHULA VISTA APPROVING AGREEMENT WITH FRANK HYNUM, DOING BUSINESS AS CHULA VISTA SANITARY SERVICE Whereas, there exists a dispute between FRANK HYNUM, doing business as Chula Vista Sanitary Service, and the CITY OF CHULA VISTA concerning the validity of a certain agreement for the pickup and disposal of garbage, trash, rubbish and disposable material, and Whereas, the parties desire to resolve these differences. NOW, THEREFORE, BE IT RESOLVED as follows: 1. That certain agreement between the City of Chula Vista and FRANK HYNUM, doing business as Chula Vista Sanitary Service, a true copy of which is attached hereto, is hereby approved and the Mayor is authorized to execute the same on behalf of the City of Chula Vista. ~~ ~ _ '~ r ~- ~ • - - _~ ~ - ~, ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this25thday of August , 19Szt~, by the following vote, to-wit: AYES: COUNCILMEN McAllister, Sparling, Anderson, McMains NAYES: COUNCILMEN McCorquodale ABSENT: COUNCILMEN _None Mayor of the Ci of Chula Vi 1 h' ~ v,. ~ ATTEST ~ ~ -~.-- -~~-~ ~~ City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of , and that the same has not been amended or repealed. DATED: City Clerk CC 652 .,,; \I,;1, C O N T R A C T WHEREAS, a controversy exists between the CITY OF CHULA VISTA, hereinafter referred to as "CITY", and FRANK HYNUM, doing business as THE C:dUL.A VISTA SANITARY SERVICE, hereinafter referred to as "CONTRACTOR", in regard 'to the validity of an agreement for sanitary service dated February 16, 1959, hereinafter referred to as the ORIGINAL CONT:~_:;T; _:~;d Wl-iEREAS, a controversy exists bet~nTee: the CITY ar:c CONTRACTOR in regard to the validity of an agreement for sanitary service dated Ccis:~:;r 1, '" 1963, hereinafter referred to ~s fhe AMENDED CONTRACT; and WHEREAS; fihe CITY believes the AMENDED CONTRACT was a modification of the °ORIGINAL CONTRACT and was executed without sufficient consideration and without compliance with the CHARTER provisions of the CITY, making said AMEATDED CONTRACT void or voidable; and , . WHEREAS, the CONTRACTOR believes in good faith that the Ai~/ENDED CONTRACT was supported by sufficient cc_-_sideration and was exec.:~eU :.._ accordance with the CHARTER prcvi sions of the CITY; and WHEREAS, the CONTRACTOR further believes in good faith that the AMENDED CONTRACT was a valid Novat_on which was substituted in place of and instead of said ORIGINAL CONTR_ACl; and WHEREAS, the parties ir. order to :;reclude litigation and to effect a full compromise and settlement of ail disputes between themselves, have agreed to cancel the ORIGINAL CONTRACT and the AMENDED CONTRACT as of the date set forth herein and to annul both of said CONTRACTS; NOW, THEREFORE, for and iiz consideration of the mutual concessions contained herein, and for and in consideration of the further covenants and agreements, hereinafter set forth,it is now agreed by and between the CITY and the CONTRACTOR that all matters in connection with such ORIGINAL CONTRACT and AMENDED CONTRACT are hereby liquidated and forever settled, and that t111S agreement shall be substituted in place of and instead of such ORIGINAL CONTRACT and AMENDED CONTRACT, and that neither the CITY nor the CONTRACTOR are, upon signing of this agreement, any further obligat- ed upon Such bt'2IC~INAL CONTRACT nor AMEND~b CONTRACT, a:~d said Sub- stituted Contract is the following agreement: THIS AGREEMENT made and entered into on the 25th _ day of August, 1964, by and between the CITY OF CIIULA VISTA, a municipal corporation in the County of San Diego, State of California, the Party of the First Part, hereinafter designated as t:e ''CITY", and FRAI~TK ~.YNUM, doing business as THE CHULA VISTA SANI~'ARY SERVICE, the Party of the Second Part,. hereinafter designated as the "CONTRnCTOR"; WITi~lESSETH: (1) The term of this substituted co_~t:°act shall be from the date hereof to the 31st day of December, 1969. ° ~ ;. d~\~-~ (2) The Contractor hereby covenants to and with the City to furnish all labor and equipment for the collection and removal, and to collect and i remove, all combustible or noncumwwstibl~: refuse ar.d g:~rbage from the curbs, sidewalks and alleys within The c.~~y limits of the City of Chula Vista, so far as said refuse and garbage is placed for pick up on said cur:::, side- walks or alleys by the person or persons contracting with said contractor, and paying said contractor a designated price, as is more particularly set out in Schedule "A" attached hereto and :may ~'~as reference mach a part her~:of. It is mutually agreed that the City Council of the City of Chula Vista shall have the authority and duty from time to time during the term of this: substituted contract to review, act, establish and modify the rates and charges the contractor may charge or celled from either single family residential, multiple family residential, con-:mercial, or industrial users. The authority of the City Council shall be limited to fixing just, r ~~pnable and sufficier;~`S ~ pub 1 ie•~l>' rates and ci.arges where the Council after a/hearing finds from the evidence submitted that the herein or the then existing rates are insufficient, excessive, unjust, unreasonable,. discriminatory, or preferential. (3) Said contractor will furnish a dump for the disposal of said refuse, -2- and .will not permit the burning of any combustible rubbish within the City of Chula Vista, unless authorized to do so by the City Council of the City of Chula Vista; that the garbage collected shall not be deposited or diseased of within the City limits of the City of Chula Vista, nor in such a manner as to impair the health or sanitary conditions cf the City of Chula Vista, The City of Chula Vista may, however, upon. thirty days notice in writing require the contractor to deposit all combustible and noncombustible rubbish as sanitary fill upon the tidelands of the City of Chula Vis-~a or elsewhere with- in the City limits of the City cf Chula Vista providad that adequate ingress, egress, and roads are available or provide d by the City to the sites of such fills. (4) The contractor agrees that in t'r_e performance of this contract :-:e will use such number of trucks and perso__nel as the quantity of refine v,~ :ich he is required to collect.and remove hereunder shall make reasonably necessary for the adequate perforrnarce of tha contract. Tr:e contractor shall use adequate equipment which is reasonably good in appeara~:ce in connection with tl:e per- formance of this contract. The c.,r.'~racter urther agrees that he will not sub- let nor assign this contract, or any pare thereof, to anyone aaitiout the written consent of the City Council having been first obtained. (5) The contractor agrees that collection of refuse within the residential sections of the City shall be made not less than once per week; that collection of garbage within the residential sections of the City shall not be made less than two times per week; that such collections shall be made regularly on designated days. (6) The contractor during the entire life of this contract shall secure and maintain a policy or policies cf public liability insurance with the City of Chula Vista named as co-insured in the amount of not less than $100, C00. 00 for injury to one person and not less than $300, 000. 00 for injuries in any one accident, and also property damage insurance with the City named as co-'.assured in an amcu.~t of not less than $5, 000. 00 for one accident and an aggregate lia'a'lity of rot less than $10, 000.00. The contractor shall also secure arci maintain during the life of this contract adequate Workmen's Compensation -3- Insurance covering all persons employed by him. The contractor shall furnish the City with certificates showing that all insurance is in effect. The con- e tractor shall carry out the terms of this contract as an independent contractor, and not as an agent or employee of the City, (7) The contractor further agrees that he will comply tivith all local, state and federal laws and regulations pertaining to the vvork of any such labor- er, workman or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. (8) The contractor further agrees to do all such work in compliance with any and all city, county, state and federal laws, ordinances or regulations whic ~ are now or which may hereafter become in fo.-ce and effect regulating the collection or disposal of garbage or refuse. (0) Said contractor, as a part of t:e cpnsideration of this con~ract , agrees to pay to the City of C:r~ula Vista TWO PERCENT (2%) OF ALL GRCSS SUMS collected by said contractor for services performed wit'r~in the ';its"~ of Chula Vista, which shall be payable nct later thar_ the tenth day o~ e~.c: and every month in the month following the collectior_ of the same. The City shall have at all times the right to i^_spect ail books of account of contractor to determine the gross sums collected by contractor. City may change said percentage from time to time but rot io ex_ceed four percent. (10) The contractor agrees to treat and deal with the general public in a courteous manner, and hereby agrees ~ _at all service complair_ts „ '~ " shall be handled by the contractor. ~~s~ ideration of the faithful erformance by said contractor of this agreeut~ ent. '~ cons (11) Tire City grants to tpe cori actor the exclusive right, during t he nsofar as it is within the ~gwer of the~sa d City,by this contract to graexc~uc~i term of this ~yreemen. to contract ~o collect and to collect all refuse ar~d rig~it,~f' garbage within the corporate limits cf the City of Chula Vista, as now ~~ es+ablished pr ~ th s me m v e enlarged by the ann xat'o-~ oft rritorv f rovided tat an inc~ivic~ua~ ~ia~l ave thhJe ri ht tc~ ~ ~~u~l cis ose. his or ~ier own reuse aid b un~ mi e~ by tY~e t ~ms o$ t~iis a ~e~me~it:.~, to the City of ~Yriu~~~ista,~an~that, durzny t~~e co-rtinuance o~this con~r~_~: and the faithful performance thereof by said contractor, the City agrees that no other person, firm or corporaticr. shall be given the right to collect an•~; refuse or garbage within the said corporate ii.:^its of the City of Chula Vista. In the event said contractor shall fail or refuse to perform any of the agree- _a_ menu or covenants by him to be performed, tinder the terms of t'r:is agreement and should such default continue for thirty (30) days after written notice from thc~ City to correct the same, the City may thereupon terminate this contract. (12) The contractor shall furnish the City with a surety bond, cash bond, or deposit government bonds iri the sum cf Twenty-Five Thousand Dollars ($25, 000.00) conditioned upon the faithful performance of his contract. (13) This contract shall not in any way or to any extent impair or effect the right of the City to acquire the property of the contractor either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge the City's right by eminent domair. to acquire the contractor's rights under this contract. ~~~-i~2~ (14)% It is understood and agreed t:~:at t:-:e Ci'~y and Contractor may ~ ~ 2 ~ by mutual consent extend this substituted agreement on the same ter:r:s and conditions as set out herein for an additional term of ten (10) years at any time prior to the expiraticr_ :.~ the term of this substitute agreement as herein provided. IN V~TNESS WHEREOF, the City cf C~ula Vista h as :.:.used this instrument to be executed by its Mayor, acting under and pursuant to Resolution No. 3482 of t".e City Council authorizing such execution, and the contractor has hereunto af_i~_ed 'r:is sign:atue the day and year in this agreement first above writter.~. CITY OF CHULA VISTA r i ny ~, " ; , c.,~~ Mayor- rank A. Hynam, d g business as THE CHULA VISTA ~ NITARY SERVICE, Contractor. ATTEST: City k of the City of Cnula Vista -5- Approved as to form and legality: City Attorney