HomeMy WebLinkAboutEDCO Disposal Corporation - Assignment of Contract - 1975RESOLUTION NO. 11,705
RESOLUTION CONSENTING TO ASSIGNMENT OF CONTRACT
(National City Rubbish Service)
WHEREAS, the City entered into a contract with
National City Rubbish Service on August 6, 1962, and
WHEREAS, said Ira C. Proctor, President,
National Rubbish Service, has assigned all his right,
title and interest in said contract to Edco Disposal
Corporation, a California corporation, subject to the
consent of this Council, and
WHEREAS, said contract requires the written
consent of this Council to such assignment;
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of National City as follows:
1. The City Council hereby consents to assign-
ment of said contract according to the terms of a copy
of "Assignment of Contract" executed by Ira C. Proctor,
attached hereto and incorporated by reference and further
consents to the acceptance of Assignment of Contract by
Edco Disposal Service, executed by that corporation, a
copy of which is attached hereto and incorporated by
reference.
2. That said consent is conditioned upon said
corporation filing with the City Clerk certificates of
insurance as required by Paragraph 14 of the contract
executed August 6, 1962, and filing with the City Clerk
a surety bond, cash bond or government bonds as required
by Paragraph 20 of said contract.
PASSED AND ADOPTED this 25th day of February,
1975.
ATTEST:
t•
CONTRACT
:D., T-?-G.THIS AGREEMENT is made and entered into on the 6th day
h.
of August , 1962, by and between the City of National City,
a 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 "CONTRACTOR".
(1) As contained in this contract the words "garbage" and
"rubbish" are
A.
vegetable and
sumption, and
B.
defined as follows:
GARBAGE is defined as all refuse and waste, fruit,
animal matter, prepared and
not so used.
RUBBISH is refuse
intended for human con -
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, rock, 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.
(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
persons contracting with said contractor the price or prices here-
inafter designated.
(4) Exhibit A, attached hereto, and incorporated herein by
reference, is a true copy of maximum rate schedule submitted by
contractor and accepted by City, and setting the maximum price or
prices which may be charged by contractor for services rendered
to the various residental, 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 cases:
(A) Where the volume of rubbish and/or garbage is greater
than that for which a price is established in Exhibit A, for a
particular 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
otherwise impaired, or at a location other than a curb, sidewalk
or alley, causing additional cost or inconvenience to contractor,
the contractor shall be entitled to additional compensation to
be determined by negotiation with the customer.
(5) The contractor shall use adequate equipment which is
reasonably good in appearance in connection with the performance of
this contract. During the first four years of the term of this
contract the contractor shall have no right to renegotiation of any
of the terms of this contract, except in the case of a relocation
of the disposal site then being used by the contractor, resulting
in additional and excessive costs to the contractor. Before the
City Council of the City may exercise the authority herein contain-
ed, and before contractor during the final six years of the term
of this contract may 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 City; the rubbish and garbage collected
shall not be disposed of in such a manner as to impair
Tthe
Cihealth
or sanitary conditions of the City of National City. Y
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 repair.
(8) 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 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
(10) The contractor
garbage from residential
than once per week, that
in a courteous manner.
agrees that collection of rubbish and
units of the city shall be made not less
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) All 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 life of his contract
shall secure and maintain a policy or policies of public liability
insurance with the City of National City named as co-insured in an
amount not less than $200,000.00 for injury to one person and not
less than $500,000.00 for injuries in any one accident, and also
property damage insurance with the City named as co-insured in an
amount not less than $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 em-
ployed 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
all local, state 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 con-
tract, agrees to pay to the City of National City two percent (2%)
of all gross sums collected by said
ed within the City of National City
not later than the 30th day of June
have at all times the right to insp
tractor to determine the gross sums
contractor for services perform-
, which shall be payable annually
of each year. The City shall
ect all books of account of con -
collected by contractor. City
may change said percentage from time to time upon
notice, but not to exceed four percent.
(17)
six months written
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 National City,
as now established or as the same may be enlarged by the annexation
of territory to the City of National City. During the continuance
of this contract and the
tractor, the City agrees
shall be given the right
faithful performance thereof by said con -
that no other person, firm or corporation
to collect any rubbish or garbage for com-
pensation within the said corporate limits of the City of National City.
(18) 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. 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.
f
(19) City reserves the right to use, direct and control all
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 labor difficulties which prevent contractor's successful
performance of this contract. In the event any strike or labor
difficulties are not settled at the end of one -hundred twenty days
(120) from the date City exercises such right, in that event the
City shall have the option to purchase at the then fair market value
all of Contractor'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 ($25,000.00) 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 and collection of charges for the collection of rubbish and
garbage.
ATTES):
CITY OF RATIONAL
cr<e.:44%,;.
Mayo
CONTRACTOR
Ra mqA:152ifd T: eener, doing business
as the National City Rubbish Service
City Clerk of the City of
National City
A. RU3315h a:. 'A.:A,.=
Per mo±i, r^Sident;.?1
singi: f.+'11y ,ropc.rt -'s
For the 3econc orri for
each zealttonal-sident-
ial unit 1n molt:it:1:•
i.i. D ings which mac: ..t
exc,'ec four
Trallnr Parxs tme fintclst
t<Two times week) + collect -
Ion.
4._Ihree tinv!s weekly colle:t-
1on.
✓ $wily pick-up.
3•
For Apartment Houses (any
multiple dwelling having
over four units).
One collection rm ekly.
Two eo11ections weekly.
Two collections .ftaekl y,
canto/nets furnished.
B. RUB£ISH O'iLYa Commercial or
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. contain-
ers four times weekly.
Up to (2) 40 gal. contain-
ers daily.
Additional or unusual ac-
cumulations of ruobish.
Fi
.; 1.50
$1.0:)
Kininu•'t
$ .7s per
unit
$1.00 per
unit
unit
Min-
1mum
$1.00 per
unit
$1.25 per
unit
51.50 per
unit
1.00
'5.00
t;.•'. Yritin•1
One Dollar, Fifty-Cent6
One Dollar
Five Dollars
- 0.50 Fifty -Cents
ti 00
1.00
Seventy -Five Cents
Q..o rh11-r
Ore Dollar
2:P C
One Dollar, Fifty -Cents
Industrial Establishments.
Sfaxirum 2id in
P-r uo, figures
$1.75 5 i•75
$3.50 13 rn
$5.00 Y 4.50
i
$6.00 ��4n
$7.50 ✓ Or
$1.10 per a�
cu51c yd. 0.75
•1-
sir In Hrltlna
One Dollar, Seventy -
Five Cents
Thre- r Uar�
Four Dollars, Fifty -Cents
c:r�y-Geni.�,
S rollarri
Seventy -Five Cents per
cubic ►ard
CA7C;,rE ::;.Y:
1. i.C.
'!.J .
Up to (1) 50 C71 container
two r.l lent inn- t•re'.-•✓ i y . ne
Up to (1) 30 gal. ccrt-incr
three_ e icctlrns wdek1•:
Up to (1) 30 gal. ccntafer
daily. $6.00
Ur to (2) 30 gal. cor:tainerc
three colections weekly. $5.CO
Ul to (2) 30 sal. containers
daily. $11,h0
I L in
FI urps
10.00
Sid in wri_inl
Two Dollars
Three ir]11ars
7.x Dollars
ri,.11ari
Tea Dollars
�ntainers will be furnished by contractor l•i most cases. r:iere the volume is
,,revter than that mentioned next above a greater rote will be established in
.a-h Instance by negotiation and agreement with the customer.
D. BOX TYPE REFUSE SERVICE.
Collections Yards Bid in
10. Cans Wc.kir Monthly Maximum Figures Bid in Writing
i
1
2
3
4
c
6
7
13
26
39
52
65
78
51
2 1 20
2 2 52
2 3 78
2 4 104
2 5 130
2 6 156
2 7 - _182_--
3 1 39
3 3 117
3 4 I.t
h
3 5 135
3 6 234
3 7 273
4 I -- 52
4 2 104
4 3 4 5 108
4 6 260
312
4 7. 364
5
5
5
5
2
4
5
6
$1.00 $_ p Q0 Biatitcen ?) 1',°tre
23.40 -- :[`+e:r:vr� _l.%tr■. 'Rortrf
41.10 t warts-re...r-nil,ra Twn rrntg
52.:%0 ite44 ..x-n ,r i 1,tp ,t
64.50 2•a+ Klmr " Arty "
76.20 2 a;L ,.
67.50 Pe 77. 0 FoiCtrr-Se.ren• ``? tv
w.01 �.9 Thirty -One " Fifty "
!.r i n� .+ _.-liar 't *To n -_
r/7"+ Ive".-'4 �T1!!y .r-
!te
� - r,+r, no
69.43
95.22
120.96
146.70
172.44
I9 .13
55.98
87.96
1i.94
151.20
164.02
224.48
247.86
31.50
51.00
70.50
°C.00
109.50
- ; One minar ea :gine cot. Fi ty ce
)29.00 i. ^L w4 rr7OJT'S" i '^-i.arM 1n► r+a1'.3
148.50 erg `,}r.1-7vtulezZabLeals.
43.75 ----1 4 i^nrt7-T§rrs fi�1 Sey►chr-f1.tp
✓+) .%? -ri+act.zi7?ny,y,�n i^r1r r wii -
Isle_ O l-^n&rd !i n`N
1• 14,.ir:..-. Otte iTnnrirrrl F r+
F.*'+r�0,.in �,i•in.3r.d _4.ro i;ra
=r $ F1111y-rigs do1,*�'einety-eilhi cent
tf CS E#.K ,Tsev►n col. r. etzr-eti cen.
r 13.4s pr•.�.i1yr+�.SA_ niu.t-a_{l Aa '1 .,met
"-4. n2 flag as r..p 1* 1i'
sr.: a q��.E1i0 v}
11=1. T!w Tfi.a i e1"hi
y
etwidyixbi 2a i •4 S r-�iaths ($i4ii
rilrri. :efts
y'C'
���(. i•�R. ixl.lfa3wlA TSltf.r-1TM fi.fi
195 144.66
260 325 244..50 13238 lit
390 276.12
455 _ 297.54 Lrs ;mi. .� a,7i.
fifty-four nears
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