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HomeMy WebLinkAboutReso 1959-2171Resolution No. 2171 Chula Vista Sanitary Service .. .. ,.. .. >. ~. - .- .t ~.' . ' V f < ~ ~ t -L `~ (. { ~ b l 4 ~ , n i 1 v _ r . S . . ~ .. .. . i .'L r ~ } .l 4 ~~ } / ,. .. ` , ' P ~ r RESOLUT'ION_ N0: 217 t ~ ~~ ~. ,• s - ' 1 u ,. ~ ~ ~ ~,~ . ~ RESOLULION.OP'`T".-IE CITY"COUNCIL OF 1'HEi: ~ `' ` ~ a ~ '~ , ' r IIVT ~ CITY OF .CHULA"'VISTP;*AYPROVING'AGREE+f s, :,V~ITH,THl CHULA~ VISTA' SANIT.~RY Sr12VI~'H;. r .. ~ .. . r ` C ~Y OF CHULA VISTA~; DOES HERE- .. -~` TtLE'CITY~'~UNCIL;OF THE'CITY . , . . ,.. - 'v. - ~ ;, ., . .. ` ~' BY RESOLVE AS FQLLCWS ; ,' ThatPcertama~reenent, dafed the. 16th day of February" ,. ~_ ~. ~ .: . , ~ - , y . ~ q 5A , ,between th (CYTY OP'• HULA' VISTA and [RANK ~~ ~ , X' t ~< {. ~ ~,$YtJUPf, A,copy of<whach ~s attac`hed hereto and by tliis' '. ~ ,~~ y. t ~ :' ~ •is hereby approded, and' :'reference inc"orporated"herezn; } ,- ~ `the Ciayor; of,tfie City,bf'Chula,YisYa"s`hereby;rauth-','',' ~: ' , ,,. ., _, , orized`:and' directed to ,execute _-the ,same'.for an'd on ~t etizYf ~ . r., ,. ~ . .. , . h ` City o£ rhula Vis ta ~ ` o£ the . .. „ , ,. .. : ; ' r'. 7 r B ~~, l y ~ , . ~ ~ F . -. . .c .r . .. ; r ': t x ' w '~ ? ' a i Y .. 5 r ~ ~ ~ - Y .S ~ i i R l .Y 'A,' . a tY uuf,J~.. t J J, 't ~1 y f~p~ f ~ - ~ :~ a .. Z~ ~5. .w Y .a x h j° . 4 . 4 : } .~ A .yr. _ ' ~, . ., y. , h . , ~ e ~ ~ .., , v . ,r .. ..._.r .,.. .. Hf l ^r v :. R ' 'gi n r '° '' .ry 5 } M1 ? ' .. ~ .. ~ .. .. a _ t ... a o l ' f ~ . .. J . .~ ., '.. .. t 1., n t • [ , ' h _ .. -~ Y t ~ , e -. '~ ..1 j e r ~.~ • ~: . "y ,.-. . .~ .. - .- .. , c. ' , .. .: e.~ Y .. 1 ~ ' . ~1 .ti. .. ' 't. N ! a ~ ~~ ~) ": e ~ ~ ~ ~ , .. 7 f .. .' ~ .d .. ~ .. .. .. ~ : - If- 1 - i ~ ~. - .' .. P I r 4 -i a . •, ADOPTED AP1D APPROVED by the 'CITY COUT3CIL of the CITY OF CBiY~A VISTA, CALIY¢?k2ATIA, this 10th Day of February, 1959 by t.hN fo:l;dowiaig vote, ';to-wit: AYES: COUPdCILMEId DeGraaf McMains ~8I'~$$B~~X~ Smith Menzel FIOY is COUNCILN~EId I~ft~S~ Mrelliatar _ ABSENT: COEiitCIL&~:I~'_ None _ {. ,ay r o a a y o- u is a ~ ~rv . ` , ~„ _ T.Y f~ ~ ~ ~~- ATTEST: ~-1-4.u-,.~"`^~ r~(/_/ ,/ ~, ~iyCes ~~ ~~ . STATi~. OF CALIFORNIA ) CGUi8T3~~ OF SAN DIEuO ) ss. CYT" CF' Q.:A?Y3LA VISTA ~ ) ~, KEIdFIT"r". F. CAMPBELL, City Clerk of the City of %hula Vista, California DO HERESY CERTIFY that the above and 8oregoing is a full, true .and correct copy og and that the same has not been amended or repaaled. DATED: y er h Frank A. Hynum Chula Vista Sanitary Service F i Ii, C O N T R A C T THIS AGREED'T;NT made and entered into on the 16th day of Februarg ~ 1959, by and between the CITY OF CHULA VISTA, a municipal corporation in the County of San Diego, State of California, the party of the First Part, hereinafter des- ignated as the "CITY", and FRANY A. HYNUM, doing business as THE CHULA VISTA SANITARY SERVICE, the party of the Second Part, hereinafter designated as the °CONTRACTOR"; WITNESSETH: In consideration of the matters and things hereinafter recited, the parties hereto agree as follows: (1) The term of this. contract shall be from the date hereof to the 31st day of December, 1969. (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 remove, all combustible or non- combustible refuse and garbage from the curbs, sidewalks and alleys within the city limits of the City of Chula Vista, so far as said refuse and garbage is placed for pick up on said curbs, sidewalks or alleys by the person or persons contract- ing with said contractor, and aaying said contractor a des- ignated price. Such price is hereby set,.as follows: (a) 1.50 per month for single family residential properties; (b) 1.00 for the second and for each additional residential unit ir. multiple dwellings which do not e?cceed four units. !i ~~%~ _ l - ~, (c) ror commercial, industrial and large multiple users th e following: RUBBISH ONLY: Commercial or Industrial Establishmen ts, Up to (2} L;0 gallon containers one time weekly --- X1.75 per month Up to (2} 40 gallon containers two times weekly -- 3.50 per month ;.' Up to (2) 40 gallon- containers three times weekly 5,00 per month Up to (2) 40 gallon containers four times weekly - 6,00 per month , Up to (2) 40 gallon containers daily ------------- 7.50 per month Additional or unusual accumulations of rubbish --- 1.00 per cubic yard Trailer parks and motels --------------------------- 5.00 minimum per month Two times weekly collection ---------------------- .75 per unit per month Three times weekly collection -------------------- 1,00 per unit per month Daily pickup r------------------------------------ 1.25 per unit ': >. per rnonth For Apartment Houses (any multiple dwelling having oiler four units).-- :Qo minimum One collection weekly --------------------------- - 1.U0 per unit per month „' Two collections weekly -------------------------- - 1.25 per unit per month Two collections weekly, containers furnished ---- - 1,50 per unit per month GARBA GE RATES Up .., to (1) 30 gallon container two collections weekly-2.00 monthly Up to (1) 30 gallon container three collections weekly ---------------------3.00 monthly Up to '(1) 30 gallon container daily ------------- --- 6.00 monthly Up to (2) 30 gallon containers three collections ,: - vaeekly ---------------- ---- 5.00 monthly ', _~ -~ ~ ~ ~ Up to (2) 30 gallon containers daily----------------10,00 monthly Containers will be furnished by contractor in most cases, P7!ere the volume is greater than that mentioned next above a '?i~ '. greater rate will be established in each instance by nego- tiation and agreement with the customer, SANI-TAINER REFUSE SERVICE: Collections Yards No. Cans ideekly Monthly Minimum Maximum 1 1 13 $ 15.00 $ 18.00 1 2 26 24.50 28.40 1 3 39 34.25 41.10 1 4 52 44.00 52.80 l 5 65 53.75 64:50 1 6 78 63.50 76.20 1 7 91 73.25 87.90 2 1 26 26.25 31.50 2 2 52 42.56 51.00 2 3 78 58.75 70.50 2 4 104 75.00 go.oo 2 5 130 91.25 log.5o 2 6 156 107.50 12g.oo 2 7 182 123.75 148.50 3 1 39 .36:46 43.75 3 2 78 57.90 69.48 3 117 79.35 95.22 ~ 156 100.80 12o.g6 3 5 ''-95 122.25 146.70 3 6 234 143.70 172.44 3 7 273 165.15 188.18 4 1 52 46.65 55.98 4 2 104 73.30 87.96 4 3 156 99.95 119.94 4 4 208 126.60 151.20 4 5 260 153.25 184.02 4 6 312 186.90 224.48 4 7 364 200.55 247.86 5 1 65 .56.85 68.22 5 2 130 8$.70 100.44 195 120.55 144.66 5 4 260 152.40 182.88 ~ 5 325 203.75 244.50 5 6 ago 230.10 276.12 5 7 455 247.95 297.54 6 1 78 67.05 86.46 6 2 156. 104.10 124.92 6 3 234' 141.15 169.38 6 4 312 178.20 213.84 6 5 390 234.75 281.70 6 6 ~ 468 273.30 327.96 6 7 546 289.35 347.22 In the above eases the rate in each case vrill be fixed at an amount between the maximum and minimum depending on the accessi- -~ - - 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 contract to review, set, esta- blish and modify-the rates and charges the contractor may charge or collect from either single family residential, mul- tiple family residential, commercial, or industrial users. The authority of the City Council shall be limited to fixing just, reasonable and sufficient rates and charges where the Council after a hearing finds from the evidence submitted that the above or the then existing rates are insufficient, excessive, unjust, unreasonable, discriminatory, or preferential. (3) Said contractor vaill furnish a dump for the dis- posal of said refuse, 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 disposed of within the City limits of the City of Chula Vista, nor in such a manner as to impair the health or sanitary con- ditions of 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 non-combustible rubbish as sanitary fill upon the tidelands of-the City of Chula Vista or elsewhere within the city limits of the City of Chula Vista provided that adequate ingress, egress and-roads are available or provided by the City to the sites of such fills. (4) The contractor agrees that in the performance of this contract he will use such number of trucks and personnel as the quantity of refuse rahich he is required to collect and remove hereunder shall make reasonable necessary for the ade- -i~- quate performance of the contract The contractor shall use adequate equipment which is reasonably good in appearance, in connection with the performance of this contract, The contractor further agrees that he will not sublet nor assign this contract, or ary part thereof, to anyone ovithout 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 tiaithin the residential sections of the City shall be made not 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 con- tract shall secure and maintain a policy or policies of public liability insurance with the City o£ Chula Vista named as co- insured in the amount not less than 100,000,00 for injury to one person and not less than X300,000,00 for injuries in any one accident, and also prcperty damage insurance with the City named as co-insured in an amount not less than ~5,000,OU for one accident and an aggregate liability of not less than $10,000,00, The contractor shall also secure and maintain during the life of this contract adequate 'vJorkmen~s Compensa- tion Insurance covering all persons employed by him, The contractor shall furnish the City with Certificates showing that all insurance is in effect, The contractor 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 ~,vith all local., state and federal laws and regulations per- taming to the work of any such laborer, workmen or mechanic, and will keep accurate records o£ the hours and times worked c by any such laborer, workmen 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 which are now or which may hereafter become in force and effect regulating the collection or disposal of garbage or refuse. (g) Said contractor, as a part of the consideration of this contract, agrees to pay to the City of Chula Vista TWO PERCENT {2~) OF P.LL GROSS SUNLS collected by said contractor for services performed within the City of Chula Vista, vrhich shall be payable not later than the tenth day of each and every month in the month following the collection of the same, The City shall have at all times the right to inspect all books of account of contractor to determine the gross sums collected by contractor. City may change said percentage from time to time but not to exceed four percent, (10) The contractor agrees to treat and deal with the general public in a courteous manner, (11) In consideration of the faithful performance by said contractor of this agreement, the City grants to-•the con- tractor the exclusive right during the term of this agreement, in so far as it is -vaithin the power of the said City by this contract to grant such exclusive right, to contract to collect and to collect all refuse and garbage within the corporate limits of the City of Chula Vista,as now established or as the same may be enlarged by the annexation of territory to the City of Chula Vista, and that, during the continuance of this contract and the faithful performance thereof by said contractor, the City agrees that no other person, firm or cor- poration shall be given the right to collect any refuse or garbage within the said corporate limits of the City .of Chula Vista. In the event said contractor shall fail or refuse to -~- perform any of the agreementsor covenants by him to be per- fcrmed under the terms cf this agreement and should such de- fault continue for tY~irty (30) days after written notice from the City to correct the same, the City may thereupon terminate this contract. (i2) Tha contractor shall furnish the City with a surety bond, cash bond, or deposit gcvernment bonds in the Burn of Twenty- ive Thcusand IIollars 9(25,OGG.00} conditioned upon the faithful performance of hi.s contract. (13) ^i his contract shall not in any way or to any extent impair or effect the right of the City to acquire the prop- erty of the contractor either by purchase or through the exer- cise of the right of eminent domain, and nothing herein con- tained shall be construed to contract away or to modify or to abridge the City's right by eminent domain to aco_uire the contractor's rights under this contract. IN ?diTNJ'SS W;-rr`:REOF, the City of Chula Vista has caused this instrument to be executed by its DZayor, acting under and pursuant to P.esolution No, 2191 of the City Council autl:or- izin~ such exc-cation, and the contractor has hereunto affixed his signature the nay and year in this agreement first above written. CITY OF CHULA VISTA Attest: Clt ~ C er o ~~ ity c ~~ O Chula Vista. Ala y - Franc ynum, od irYg uslness as TNY CHULA VISTA S'ANITA'RY SEPVIC~,. Contractor. _.~ _