1960 Agreement Cupertino Garbage Co.A G R E E M E N T
AN AGREEMENT made this day ofthy, 1960, by and
between EMIL CASELLA and STEVE MUSANTE, doing business as
CUPERTINO GARBAGE CO., (hereinafter called Company) and the
CITY OF CUPERTINO, a Municipal Corporation of the State of
California (hereinafter called C.ty) acting by its Mayor and
its City Clerk, and duly authorized by Resolution of the Council
of said City dated
In consideration of the mutual undertakings of the partie,=
hereto and of the payment of ONE DOLLAR ($1.00) by Company,
receipt of which is acknowledged, it is mutually agreed as
follows:
First: Company agrees to furnish all men and equipment
and perform all necessary labor for the collection and haulin-
and lawful disposal of all garbage, swill, refuse and waste
material (hereinafter grouped unless otherwise specified as
"material") and to perform the duty of such collection, hauling,
and disposal in accordance with the provisions as hereinafter
set out and for the fact hereinafter set forth.
Second: City agrees to permit the Company to collect
from the persons responsible for such .material U-:ie surd of money
or fees as hereinafter set forth, monthly. On or before the
10th day of each month during the term of this contract
Company agrees to pay to said City ten percent (10%) of the
total gross amount collected for such services of Company
within the incorporated limits of the City during the preceding
calendar month commencing with the 1st day of
services.
Third: Provisions as set forth and definitions as contained
in an Ordinance passed by the City Council of said City on the
lkt- day of 006%j6Q., 1960, shall be controlling on both parties
hereto.
Fourth: The term of this Agreement shall be for a period
of five (5) years from the date hereof.
Fifth: Company agrees:
(a) To make collections and perform services within
the City of Cupertino between such hours of each day as may be
specified by the said City and not unduly restricting normal
Company operations and reasonable for the safety and convenience
of residents with a minimum of disturbance of the quiet of said
City. No service unless emergency on Sundays.
(b) Company agrees that collection and haulage shall
be made without creating any nuisance and under provisions which
shall guard against and prevent spillage.
(c) Company agrees to provide a sanitary method of
disposal within the provisions of lawful statutes, ordinances
and regulations of State, County and Municipal authorities and
without any nuisance to residents of the City of Cupertino; that
the Company specifically agrees to bury said material.
(d) Personnel engaged in the services of the Company
shall be of good character and English speaking.
(e) Equipment of Company shall be kept in good repair
and maintained in a clean condition.
(f) Collections shall be made as frequently as may
reasonably be required by City. All services shall be to the
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satisfaction of the City and the approval of the City Manager
or County official designated therefor if health service is
being supplied to the City by the County of Santa Clara.
(g) Company shall report to the City Manager for
transmittal to the Health Authorities as to any unsanitary
premises or practices or conditions which may come to the
attention of the Company or its employees or officers in con-
nection with this service.
(h) Company .may direct the placing of cans, subject
to conformance with any reasonable order of the City Manager,
in such place and .manner as will expeditiously advance collection
and for handling by one man.
(i) Communication shall always be available to the
City for transmittal of orders or complaints which may come to
the offices of the City of Cupertino.
(j) If Company fails to act promptly upon any call,
the City man in its discretion perform the service and the
Company shall be liable for the full expense thereof.
(k) The City may terminate the contract for default
by Company in its performance under this contract. In such
event the City shall forthwith have the right to take possession
of the equipment of the Company and to use the same for such
period of time as may be required with reasonable diligence by
the City to obtain its own equipment or conclude other
arrangements for the type of services herein. In such event a
reasonable rent for such equipment shall be paid for such use.
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Sixth: The Company may charge for its services within the
City Limits of Cupertino the following scale of charges and
provide for payment thereof in such terms as may be desired by
said Company except the City shall receive the ten percent
(10%) of gross of all receipts any month, on or before the loth
day of the following month.
Garbage Rates
(a) For the purpose of collecting all garbage, swill
refuse and waste matter produced in and about the household,
each household having separate containers, shall pay a fee of
One and 40/100 ($1.40) Dollars per month for one collection
per week for two containers of the kind and type as hereafter
provided and the said fee shall be paid whether the householder
has or has not any garbage, swill, refuse and waste matter to
be collected. The householder shall pay such additional fees
for the collection of garbage, swill, refuse and waste matter
in excess of two (2) 30 gallon containers in accordance with
a schedule hereinafter prescribed and for each day of
collection over one, the fee to be fifty percent (50%) additional.
(b) For apartment houses using a common garbage,
swill, refuse, and waste matter container, or having all
containers in location, the rates payable in one fee shall be
on a rate fixed by the "Scavenger" and approved by the City
Council. The term "apartment" as used herein shall be
construed to include occupied trailer camps and occupied cabins,
cottages, and tents in auto courts, motels, and labor camps.
(c) For the regular collection of garbage, swill,
refuse, and waste matter from any office building or mercantile
establishment or business, using a common container, or from
any premises or place of business producing said refuse
(excepting those premises for which the rates are hereinbefore
specified), the rates per month for the collection shall be
as follows: For the first 30 gallon galvanized iron container,.
a fee of ONE AND 40/100 ($1.40) DOLLAR per month; any excess
of such 30 gallon container of garbage, swill, refuse, and waste
matter, the fees shall be in accordance with the following
schedule:
T i m e s p e r W e e k
One Two Three Six
For 2 - 30 gallon cans
__ $1.4o $2.4o $3.4o $6.8o
For amounts greater than 2 - 30 gallon cans, the rate shall be
such as may be agreed upon by the Scavenger and the owner -
producer, subject to the approval of the City Council.
(d) Towage. For the collection of decaying vegetables
and fruit matter in lots of less than two (2) tons, the fee
shall be a flat monthly rate as fixed by the "Scavenger" and
approved by the City Council.
(e) For the irregular or occasional collection of
refuse for which rates are not hereinbefore provided, the charge
shall be at the rate of ONE AND 00/100 ($1.00) DOLLAR per cubic
year with a minimum charge of ONE AND 00/100 ($1.00) DOLLAR. It
shall be the duty of the "Scavenger" to make such collections
as promptly as possible upon being actually notified. The saJI.d
fees are to be paid at the time the collection is made.
Seventh: Nothing herein contained shall prevent a resident
from disposing in a sanitary .manner and according to all
regulations his own material but no license shall be granted to
any other person or entity for hire or profit in competition
with Company.
Eighth: Company shall provide City with certificate of
Workmen's Compensation Insurance coverage, also of public liability
insurance covering both Company and City and in amounts of
$100,000 to $300,000 liability and shall deliver to City a
Surety Company Bond in the amount of $5,000 penal sum for
fulfillment by Company of this Contract.
Ninth: The books of the Company shall be opened to audit
by any authorized representative of the City at any reasonable
time upon demand.
WITNESS the hands and seals of all parties hereto, this
day of
CI
CUPERTINO GARBAGE CO., a partnership
Emil Casella
i
Steve Musante
OF CUPERTINO
er
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