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HomeMy WebLinkAboutCC RESO 8168RESOLUTION NO. 8168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AGREEMENT IvITH THE NATIONAL CITY SANITARY SERVICE The City Council of the City of National City, does hereby resolve as follows: That certain agreement, dated the 6th day of August, 1962 between the CITY OF NATIONAL CITY and Raymond T. Keener, doing business as the National City Sanitary Service, a copy of which is attached hereto and by reference incorporated herein, is hereby approved, and the Mayor of the City of National City is hereby authorized and directed to execute the same for and on behalf of the City of National City. ADOPTED AND APPROVED by the City Council of the City of National City, California, this 7th day of August, 1962, by the following vote, to wit: AYE;: Allen, Colburn, Hart, Morgan, Gautereaux NAYES: ABSENT: None None tional City ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF NATIONAL CITY) ,City Clerk of the City of National City, 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 replaced. DATED: August 7, 1962 City Clerk TRACT THIS AGREE 1EiT is made and entered into on the 6th day of august: ► 196i2, by and between the City of National City, as municipal corporation in the County of San Diego, State of California, hereinafter designated as the "CITY" and Raymond T. Keener doing business as National City Rubbish Service, hereinafter designated as the "CO TRACTOR". f1) As contained in this contract the words "garbage'° and `!rubbish" are defined as follows: A. GARBAGE is defined as ail refuse and waste, fruit, vegetable and animal matter, prepared and intended for human con- sumption, and not so used. B. RUBBISH is refuse and waste material, whether com- bustible or noncombustible, not included within the definition of garbage as herein defined, including but not limited to paper, rags, leaves, glass, cans,ashes, tree and vine trimmings. It shall not include plaster, resck, sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair, water heaters or furniture. (2) The term of this contract shall be from September 1, 1962 until the 31st day of August, 1972. i<3) 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 rubbish and garbage from the curbs, sidewalks and alleys within the city limits of National City, so far as said rubbish and garbage is placed for pick up on said curbs, sidewalks or alleys by the person or person: contracting with said contractor the price or prices here- inafter designated. (4) Exhibit A, attached hereto, and incorporated haarein by eference, is a true copy of maximum rate schedul u y contractor and accepted by City, and setting the aataximum price or prices which may be charged by contractor for services rendered to the various residentei, commercial and industrial customers. Nothing herein shall prevent contractor from charging a price less than that set forth for a particular service in Exhibit A. but in no event will contractor charge a price In excess of those set forth in Exhibit A except in the following caress (A) Where the volume of rubbish and/or garbage is greater than that for which a price Is established in Exhibit A, for a parOcular category; in such event the prices therefore shall be established by negotiation and agreement with the customer concerned. (B) Where the accessability to containers is restricted or impaired, or at a locat on other than a curb, s i dewa l k or ,alley, causing additional cost or inconvenience to contractor, the contractor shall be entitled to additional compensation to be determined by s egotietion with the customer. 5) The contractor shall use adequate equipment which is reasonably good in appearance in connection with the performance of this contract. using the first four years of the term of this contract the contractor shall have no right to renegotiation of any of of than disposal site then being used by the contractor, resulting in City rms of this contract, except in the case of a relocation onal a and excessive costs to the contractor. Before the sell of the City may exercise the authority herein contain - and before contractor during the final si'x years of the term his contract any request renegotiation, except in the case of disposal site relocation, six months written notice must be given by the party desiring to effect a change in prices. (6) Contractor will furnish a dump for the disposal of rubbish and garbage or will use a dump maintained by the County of San Diego, and will not permit the burning of any combustible rubbish within the City of National Cityi the rubbish and garbage collected shall not be disposed of in such a manner as to impair the health or sanitary conditions of the City of National City. The City of National City may, 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 National City or elsewhere within the city limits of the City of National City provided that adequate ingress, egress and roads are available or provided by the City to the sites of such fills, (7) Contractor agrees that in the performance of this con- tract he will use such number of trucks and personnel as the quantity of rubbish and garbage which he is required to collect and remove hereunder shall make reasonably necessary for the adeq- uate performance of the contract; all equipment used by contractor at the beginning of this contract shall be new equipment, of the 1962 model packer type. All equipment shall thereafter be kept clean and in good repeir. Contractor further agrees that he will not sublet nor n this contract, or any part thereof to anyone without the written consent of the City Council having been first obtained by resolution duly passed and adopted. (9) All employees of contractor operating or working on equip- ment operated by contractor pursuant to this contract shall be dressed in identical uniforms to be approved by the City Manager of the City of National City. All employees of contractor shall treat and deal with the public in a courteous manner. (10) The contractor agrees that collection of rubbish and garbage from residential units of the city shall be made not less than once per week, that rubbish and garbage collected from residential units shall be co -mingled, and that such collection shall be made on the same day of each week, such date to be designated by contractor. (11) Contractor agrees that collection of rubbish and garbage from commercial., industrial and manufacturing units shall be picked up as often per week as agreed upon between contractor and the in- dividual customer, according to the price schedule set forth in Exhibit A. (12) A11 collection of rubbish and garbage shall be completed between the hours of 7:30 A.M. and 4:30 P.M. of each day. All reasonable effort and precautions must be taken by employees of contractor to prevent damage to rubbish and garbage containers be- longing to customers. (13) it is specifically agreed between the parties that no charge shall be made to the City of National City for collection of garbage and rubbish from city owned property including the Olivewood Housing units. (14) The contractor during the entire 1i€fe of his contract shall secure and maintain a policy or policies of public liability insurance with the City of National Clty named as co-insured in an amount not: less than $200,000.00 for injury to one person and not less than $500,000.0 for injuries in any one accident, and also property damage insurance with the City named as co-insured in an amount not less -than $50,000.00 for one accident. The contractor shall also secure and maintain during the life of this contract adequate Workmen's Compensation Insurance covering all persons ern- pioyed by him. The contractor shall furnish the City with Certif icates showing that all insurance is in effect. The contractor shall carry out the terms of this contract as an independent con- tractor and not as an agent or employee of the City. (15) The contractor further agrees that he will comply with and federal laws and regulations pertaining to his operations pursuant to this contract and to the work of any laborer, workmen or mechanic employed by him, and will keep accurate records of the hours and time worked by such laborer, workmen or mechanic. (16) Said contractor, as part of the consideration of this tract, agrees to pay to the City of National City two percent (2% of ail gross sums collected by said contractor for services perform- ed within the City of National City, which shall be payable annually not later than the 30th day of June of each year. The City shall have at all times the right to inspect all books of account of con- tractor to determine the gross sums collected by contractor. City may change said percentage from timeto time upon six months written notice, but not to exceed four percent. (17) In consideration of the faithful performance by said con- tractor of this agreement, the City grants to the contractor the exclusive right during the term of this agreement, in so far as it is within the power of the said City by this contract to grant such exclusive right, to contract to collect and to collect all rubbish and garbage within the corporate limits of the City of i<letional City, as now established or as the same may be enlarged by the annexation of territory to th City of National City. During the continuance of this contract and the faithful performance thereof by said con- tractor., the City agrees that no other person, firm or corporation shall be given the right to collect any rubbish or garbage for corn- pensation within tse said corporate limits of the City of Nation•.1 City. (13) In the event said contractor shall fail or refuse to perform any of the areennts 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 tads contract. In such event, City shall have the option to purchase at the then fair market value all of contractors equipment used In performing this contract and to immediately take possession of and operate such equipment. ( 19). City reserves the.right to use, direct and control ail equipment of contractor, related to this contract, during any local natural disaster or in any declared disaster. The City further re- serves the right to operate such equipment of contractor during strike or perforraan difficu (12a) from City shall h all of Coftr abor difficulties which prevent contractor's successful of this contract. in the event any strike or labor are not settled at the end of one -hundred twenty days date City exercises such right, in that event the ve the option to purchase at the then fair market value ctor's equipment used In performing this contract. (20) Contractor shall furnish the City with a surety bond or cash bond,or deposit government bonds in the sum of Twenty•Five Thousand Dollars ($$2 ,000.00) to guarantee the faithful performance of this contract. (21) Contractor shall during the term of this contract maintain a business office with regular office hours at a convenient location within the City of National City, and shall at all times keep the City Manager of the City of National City informed of the address of such office. (22) Contractor shall be responsible for the billing and collect ion of charges for services rendered pursuant to this contract. Con- tractor further agrees that upon execution of this contract he shall purchase from City for the sum of $4,000 cash all billing equipment now owned by the City and heretofore used by City in connection with billing ard collection of charges for the collection of rubbish and garbage. ATTEST: crt" 1r(jerk of the City or Nat oa al City by CONTRACTOR if as t%he Na CITY OF __NATIONAL CITY y doing business y Rubbish Service A. RUBBISH ARO SARSAa: 1L_Resldentlal. Per month residential single fancily properties For the second and for each additional resident- ial unit in multiple dwellings which do not exceed four units. L-2: Troller Parks and Motels' L_Two tines weekly collect- ion. Three times weekly collect- ion. --OGily pick-up. 1:,,,jere Apartment Houses any multiple dwelling haw ng over four units) . One collection weekly. Two collections weekly. Two cgtiectlons weekly, containers furnished. 8. RINBISH ONLY* i Bid in pax i outs ► i Qu re s 51.50 L_- 1.50 $1.00 $5.00 Minimum $ .75 unit pe r $1.00 per unit $1.25 per unit No Min- 1au $1.00 per unit $1.25 per unit 1.00 (4_00 6tr.15 00 V1�. 00 $1.50 per unit0 _. Bid in Writing One Dollar Fifty -Cents One Dollar Five Dollars VY -esxt� Seventy -Five Cents _ pn9 r 11ar One Dollar One Dollar. T)ventvzFive Cerss One Dollar, Fifty -Can Commercial or Industrial Establishments. Up to (2) 40 gal. contain- ers one time weekly. Up to (2) 40 gal. contain- ers two times weekly. Up to (2) 40 gal. contain- ers three times weekly. Up to (2) 40 gel. nontsin- o rs four times weekly. Yp to (2) 40 gal. contain- e rs daily. Additional er unusual ac- cumulations of rubbish. Maximum Per poo. $1.75 $S . 50 $5.00 $ 6.00 $7.50 $1.00 per cubic yd. •1- Bld in Figures Bid in Writing One Dollar, Seventy - Five Cents terse plan arta Four Dollar*. Irlity-Centa ws� fl 11or. 1a #v �n .a Seventy -Five Cents per c ward CAF.AGE 0 F': r I?o . Up to (1) 30 1. container two--n11ectinn$2. 00 Up to (1)30 s#al, cccr t incr three col lrct ion, yeet 1 v. $3.00 Up to (1) 3r) gal. contair.c•r daily. $` .00 Up to (2) 30 1. coy tainers tnree collectrnns weekly. $5.00 U' to (2) 30 gal. c0nt3iners daily. $1, „n tz iners will het furnished by contractor 1,1 r' t"r than that inert io d o"xt ea ii instance by negotiation and D. BOX TY"E REFUSE SERVICE. Coilcctions Yards_ o. Cans Wec 1y Monthly Bid in Fi :ures 3.00 10.00 Bid in Writing Two Dollars Three Dollars Six Dollars Fivp Dollars Ten Dollars Nost ;rases. Wlere the v" lwne is above a nreatcr rate will be established in a,reemert with the customer. Max i rout:} 1 i 13 $1 .00 1 2 26 2i .ten 1 3 39 41.10 1 r2 Sz., 1 5 65 S4.50 1 6 78 76.20 1 7 51 .90 2 1 26 31.50 2 2 52 51.00 2 3 78 70.50 2 4 104 C .00 2 5 130 109.0 2 6 156 12D.00 2 7 182 148.50 3 , 1 39 1i3.75 3 2 78 69.4,% 3 3 117 95.22 3 4 156 120.? 3 5 1 )5 14S .70 3 6 234 172.44 3 7 273 19:.13 4 1 52 55.98 4 2 104 37.96 4 3 156 11 .94 4 4 208 151.20 4 5 260 1:4.02 4 6 312 224.4E 4 7 364 247.6 5 - �__ _- 6468.22 5 2 130 10t.t+4 53 195 144.A6 5 4 260 1c:2.8 5 5 325 2k4.50 5 6 390 276.12 5 7 455 297.54 -2- Fi in u re Bid in Writing_ Eilthteen DIDUMFB Twenty -Nib Dolisra. ForrtY( Forty -Opel -Jai Tan rent f t 4ou " pity - Six Seventy-Six " Twenty giehty-Sever' Kinetic " Thirty -One " Fifty Fifty -One '! ND Seventy " Fifty N.iv r' no One Hundred Nine dol. Fifty ci OD® Wnndrpd Twenty -Nine doll; a "!i0 One j-IpndrPd F -El[hf, dol_ tf tt n Fnrfy-Thrpc dal_ Seventy-fivt i�ty ?jinp u Forrt�yy-tigbt Ninilr-Five " Twenty-twQ s 0 0 e Ugt - ive doll insjy-eight sei h seven dol. et -six ci • 4' 1110 •' fifty-four cents 6 6 6 6 6 6 E REFUSE SERVICE - CONTiNUED coliectiors We k 3 4 5 6 7 f 5 6 234 312 390 468 546 2!3.';4 lq 70 327.96 347.22