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HomeMy WebLinkAboutReso 1963-3213j .. ~.~ ' . RESOLUTION N0. 3213 RESOLUTION OF THE CITY COUNCIL OF THE'CITY OF CHULA VISTA AUTHORIZING AMENDED AGREEMENT WITH CHULA VISTA SANITARY SERVICE ~, '• '. ~~~~3 ~/ /~J ~ 1. The City Council of the City of Chula Vista hereby approves and accepts an amended agreement with the Chula Vista Sanitary Service, a true copy of which is attached hereto and in- corporated herein by .this reference thereto as 'though here set forth in full. 2. The'Mayor is hereby authorized to execute said contract on behalf of the City of Chula Vista. .. ~- f ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA; this 1st day of October , 19 63, by the following vote, to-wit: AYES: COUNCII?SEN Smith j .McMa'ins McAllister, Menzel NAYES: COUNCILMEN . .DeGraaf.; ABSENT: COUNCILMEN None Maydr of the City of Ct}y3~ Vista a~~. ATTEST / iC~~-~-~-L '~ ~r'«~/~!/~~ City Clerk STATE OF CALIFORNIA ) .COUNTY OF SAN DIEGO ) as. 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CERTIFY that the above and foregoing is a full, taus and correct copy of and that the same has not been amended or repealed. DATED: City Clerk AMENDED CONTRACT THIS AGREEMENT made and entered into on the 1st day of " October, 1963, 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 designated as the "CITY", and FRANK A, HYNUM, doing business as THE CHULA VISTA SANITARY SERVICE, the Party of the Second Part, hereinafter designated as the "CONTRACTOR", WITNESSETH: I n c o ns i d e r a t i o n of the matters and things hereinafter recited, the parties hereto agree as follows: (1). The term of this amended contract shall be from the date hereof to the 31st day of December , 19 69 . (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 noncombustible 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 saidcurbs, sidewalks or alleys by the person or persons contracting with said contractor, and paying said contractor a designated price, as is more particularly set out to Schedule "A" attached hereto and by thLs reference made a part hereof. It is mutually agreed that the Cfty Council of the City of Chula, Vista shall have the authorityand duty from time to time during the term of this amended contract to review, act, establish and modify the rates and charges the contractor may. charge or collect from either single family residential, multiple 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 herein. or the then existing rates are insufficient, -1- ~.3~~3 (~' Vii;. ; - iZ i~ ~, excessive, unjust, unreasonable, discriminatory, or preferential. (3) Said contractor will furnish a dump for the disposal 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 th~~ 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 conditions 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 noncombustible 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 which he is required to collect and remove hereunder shall make reasonably necessary for the adequate performance of the contract. The contractor shall use adequate equipm~ant 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 any part thereof, to anyone without 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 of public liability insurance with the City of Chula Vista named as co-insured in the amount of not less than $100, 000.00 for injury to one person and not less than $300, 000.00 for -2- , ~, injuries in any one accident, and also property damage insurance with the City named as co-insured i11 an amount of not less than $5, 000, 00 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 Workmen's Compensation Insurances 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 with all 1oca1,- state and federal laws and regulations pertaining to the work of any such laborer, workman or mechanic, and will keep accurate records of the hours and times worked by any such laborer, workman or mechanic. (S) 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. (0) Said contractor, as a part of the consideration of this contract, agrees to pay to the City of Chula Vista TWO PERCENT (2%) OF ALL GRO5S SUMS collected by said contractor for services performed within the City of Chula Vista, which 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 sumscollected 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, and hereby agrees that all service complaints shall be handled by the contractor. (11) The City grants to the contractor the exclusive right., during the term of .this agreement,to contract to collect and to collect all refuse and garbage within the corporate limits of the City of Chula Vista, as now -3- 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 corporation shall be given the right to collect any ~~ ~~ ;'refuse.~or..[garbage within the said corporate limit's of the City of Chula Vista. ~~ ~~~In the event said contractor shall fail or refuse to perform any of the agreements or covenants by him to be performed under the terms of this agreement and should such default continue for thirty (30) days after written. notice from the City to correct the same, the City may thereupon terminate this contract. (12) Except as otherwise herein provided, it is understood and agreed that this contract is intended. to amend and replace that certain agreemenE between the parties dated February 16, 1959, and that contractor shall have the right and option to renew or extend this amended agreement on the same terms and condittons as set out herein for an additional term of the same duration as the original agreement between the parties hereinbefore referred to and provided that notice of its intention to renew or extend shall be given to the City, by mail, on or before November 30, 1969. TN WITNESS WHEREOF, the City of Chula Vista has caused this instrument to be executed by its Mayor, acting undex• and pursuant to Resolution No. 3213 of the City Council authorizing such execution, and the contractor has hereunto affixed his signature the day and year in this agreement first above written. CITY OF CHULA VISTA ATTEST: ..._ '~~ - x y-- er o e LIFy of7, u a 1-sta -4- SERVICE,- Contractor. SCHEDULE A The price to be paid for services to be rendered under and by virtue of the attached Contract shall be as followst .. 1. $1.875 per month for single family residential properties; -. 2. $L 25 for the second and for each additional residential` unit "' _ ; in multiple dwellings which do not exceed four units. 3. For commercial, industrial and large multiple users the following: RUBBSSH ONLY: Commercial or Industrial Establishments. Up to (2) 40 galloncontainers one time weekly $1.,87. i ~ per month Up to (2j 40 gallon containers two times weekly 3.50 per month Up to (2) 40 gallon containers three times weekly Up to {2) 40 gallon containers four times weekly Up to (2) 40 gallon containers daily Additional or unusual accumulations of rubbish Trailer Parks and Motels (Central Location) Minimum per month Two times weekly Three times weekly Daily pickup (7 tim=_~s a week) Trailer Parks (Individual Can Service) One collection weekly Same with Company furnished Container Two collections weekly Same with Company furnished Container 5.00 per month 6, 00 per month 7, 50 per month 1, 00 per cubic yard $6, 00 ,90 per~unit per month 1,15 per unitper month 1, 50 per unit per month $1.00 1.25 1.50 1.75 Apartment Houses (Multiple Dwelling over 4 units with Central Locations) One collection weekly Two collections weekly Two collections weekly with Company furnished container for each apartment Page 1 -Schedule A $1,15 per unit per month 1..35 per unit per month 1. 75 per unit per month GARBAGE RATES: Up to (1) 30 gallon container two collect ions weekly $4.00 monthly Up to (1) 30 gallon container three colle ctions weekly 6, DO monthly . , Up to (1) 30 gallon container daily _ 12.00 monthly. Up to (2) 30 gallon containers three coll ections weekly : -,10,00 monthly, , Up to (2) 30 gallon containers daily 20.00 monthly-- SAKI-TAINER REFUSE SERVICE: Collections Yards No. Cans Weekly Monthly 'Minimum Maximum 1 1 13 $ 15, 00 $ 18.00 1 2 26 24.50 29,20 1 3 39 34,25 41,10 1 4 52 44, 00 52, 80 1 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 32 42.50 51.00 - 2 3 78 58.75 20,50 2 4 104 75.,00 90.00 , 2 5 130 91.25 109,.50 2 6 156 '107.50 129.00 2 7 182 123.75' 148,.50 3 1 39 ~ 36_ 46 43, 75 3 2 78 ~ 57.90 69.75 ' 3 3 117 79.35 95,22 3 4 156 100.80 ,120, 96 3 5 195 - 122.25 146,.70 3 6 233 143..70 172.44 3 7 273 165,-15 198.18 4 1 52 46.65 55.98 4 2 104 73.30 87.95 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 7 364 206,55 247,86 5 1 65 56, 85 68, 22 5 2 ~ 130 88.70 '.106._44 5 3 195 ~ 120.55 144.66 5 4 260 152.40 182.88 5 ~ 5 325 203,75 244,50 5 6 390 230,10 , 276, 12 - 5 7 455 247.95 29254 6 1 78 6205- 80.46 6 2 156 104, 10 124, 92 Page 2 -Schedule A Collections No. Cans Weekly 6 3 6 4 6 5 6 6 6 7 Yards Monthly Minimum Maximum 234 $141,.15 $169.38 312 175.20 213,84 398 234,75 281,70 488 273.30 327.96 568 289:35 347.22 In the above cases the rate in each case will be fixed aE an-amount between '. " the maximum and minimum depending on the accessibility of the cans to the ~~ pick-up trucks, page 3 -Schedule A