HomeMy WebLinkAboutReso 1953-1412 . -
RESOLUTION NO. 1412
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT
WITH THE CHULA VISTA SANITARY SERVICE
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DOES- HERE-
BY RESOLVE AS FOLLOWS:
That certain agreement, dated the 10th day of
March, 1953, between the CITY OF CHULA VISTA and FRANK
HYNUM, doing business as THE CHULA VISTA SANITARY
SERVICE, a copy of which is attached hereto and by
this reference incorporated herein, is hereby approved,
and the Mayor of the City of Chula Vista is hereby
authorized and directed to execute the same for and
on behalf of the City of Chula Vista.
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY O `
CHULA VISTA, CALIFORNIAs, this 10th d of March ,1953,
by the following vote;
AYES: COUNCILM N Halferty, Riesland, Logan, De1olfe ,
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NAYS: COUNCILMEN None
ABSENT. COUNCILMEN Hobel -
f
ayor o ` e a. y o Ml a 134 a
ATTESTr _:.._.......�c..��, C' _
l, er. ,.,»..,
Deputy
STATE OF. CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, KENNETH P. C A.?APBFL.T, , 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 Resolution
No. 1112 , and that the sane has not been mended or
repealed.
DATED: March 10, 1953
City Clerli: k
by
Deputy
C O N T R A C T
THIS AGREEMENT made and entered into on the 10thlay of
March , 1953, 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 busines's as THE CHULA
VISTA SANITARY SERVICE, parties 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 let day
of January, 1954 to the 31st day of December, 1959.
• (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 of Chula Vista, so far as said refuse and garbage is
placed on said curbs, sidewalks and alleys by the person or
persons contracting with said contractor, and paying said con- _
tractor a designated price, which price is hereby set at $1.25
per month for single family residential properties; .75/100
for the second and for each additional family in multiple dwell-
ings; and to graduate proportionately upwards depending on the
size and needs of the unit from which garbage and refuse is
collected from apartment houses or industrial or commercial users.
(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 Council of the City of Chula Vista; that the garbage
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- collected shall not be deposited or disposed of within the City
limite of the City of Chula Vista, nor in such a manner as will
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impair the health or sanitary conditions of the City of Chula
Vista.
(4) The contractor agrees that in the performinoe of this
• - contract he will use such number of trucks as the quantity of
refuse which he is required to collect and remove hereunder) ohall
make reasonably necessary for the adequate pertoroance of the
contract. The contractor further agrees be will not underiet
nor assign this contract, or any part thereof, to anyone, with.,
out the written consent of the City Council having been first
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obtained.
(5) The contractor agrees that eollection .of refuse within
the residential sections of the City ohall be made net, Use! than
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once perveekv. that collection of garbage within the residential
sections of the City shall be made not less than two timee per '
- - • week; that such collections shall,be made rev,ziarly 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 not lees than $50T000,-700-for injury to one person and not
less than $100,000.00 for injuries in any one accident; and also
• property damage insurance with the City named as co-insured in an
_ amount not less than $1,000.00 for One accident and an aggregate
liability of ‘5,000,00. The contractor shall also secure and
. _ maintain during the life of thin contract adequate Worhilients
Compensation Insurance covering all persons employed by him. The
• contractor shall furnish the City with Certificates showing that
all such insurance is in effect. The Contractor Shall carry out
the terms of this contract as an independent contractor, said not
as an agent or employee of the City.
S. (7) The contractor further agrees that he will comply with
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all local, state and federal laws and regulations pertaining
to the work of any such laborer, workmen or mechanie, and will
• • • • , keep accurate records of the hours and times worked by any such
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laborer, workslen or mechanic.
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(8) The contractor further agreed to do all such work in
compliance with -any and all local* State and Federal laws, ordi.
nances or regulationd which are no* or which may hereafter- be-
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• , . . come in force and effect regulating the collection or. disposal
Of garbage or refuse. •
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(9) ' Said ntractor, as a part of the Consideratien of
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• this contract, ages to pay to the City-of Chula Vita TO !
. . MRCENT (2 ) OP.= GROSS SUMS collected by said contractor with 'in the City of Chula Vista, which shall be payable not later than
the tenth of each and every'. month on -the month following, the
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....• . collection of the same. The OttyShali have at all times'the
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right to inspec t all books of account Of Oontracter to determine
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. • • the gross sums collected by Contractor.
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(10) The contractor agrees to treat and deal with the (Lever-
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•-•••• ••••••• • • al public in 4 courteous manner,.
(11) The City, in consideration of the faithful performance
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by said contractor of this agreement, agrees that said contractor
;hall have the exclusive right to collect all refuse and garbage
within the City Of Chula.Viste from the date of the executien ot
this contract to and including the Ast_day of DeceMber0:959'inin
... so far an it ia within the power of the said city by this con.
• . tract to grant such exclusive right under ite present charter,
Ordinances and the laws of the State of California; that during
the eontinaance of this contract'aod:the faithful performance
thereof by said contractor, no other person shall, be given the
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right to collect any refuse or garbage from the territory with-
in the City of Chula Vista zoned for residential purposes by the
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said City. In the event said contractor shall fail or refuse to
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• perform any of the agreements or covenants by him undertaken to
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be performed, the City shall have the right to terminate and
cancel this contract upon a forty.eight (48) hour notice to the
contractor, the City also reserves the right to terminate and
Cancel this contract upon seven days notice in the event the
: • . people of the city of Chula Vista by initiative or referendum
vote require the City to furnish either garbage or refuse dellet..
service by the use of municipal employees or to furnish such
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service free of charge.
IN WITNESS WHEREOF, the City of Chula Vista has caused this
instrument to be exebuted,by its Mayor, acting under and pur*
suant to Resolution No, 1412 of the Council autnorizing such
execution, and the Contractor has hereunto affixed his signature
the day and year in this agreement first above written,
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Tus eITT.0 CHULA VISTA
mayor
Co tr/ftor
• Doing ausinese as ”Chula Vista
Sanitary Service"
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