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1965 Agreement Cupertino Garbage - Los Altos Garbage 10 year contractSPECIFICATIONS FOR COLLECTION OF REFT�SE WITHIN THE CORPORATE LIMITS OF THE CITY OF CUPERTINO SECTION 1 GENERAL In accordance with the terms and requirements of the Contract for the collection of refuse in the City of Cupertino, the following specifications shall govern the Company's opera- tions under the Contract. SECTION 2 INTERPRETATION OF SPECIFICATIONS a) SPECIFICATIONS TO GOVERN. In any and all respects wherein these specifications differ from any of the provisions of "Refuse Collection and Disposal", of Ordinance No. 007 and 007(a) of the City of Cupertino, the terms and provisions of these speci- fications shall govern. Should any discrepancy appear, or any misunderstanding arise as to the import of anything contained herein, the matter shall be decided by the City Manager and the interpretation of the City Manager shall be binding upon the Company. SECTION 3 ADMINISTRATION OF CONTRACTOR'S OPERATIONS a) CITY MANAGER. The City Manager of the City of Cupertino shall administer and supervise the Company's operations under the terms of the Contract and in accordance with these specifications. SECTION 4 OFFICE LOCATION AND COMPLAINTS a) COMPANY TO ESTABLISH OFFICE. Company shall establish and maintain an office and shall keep said office open for busi- ness from 8:30 A.M. to 4:30 P.M. of each and every day except Saturday afternoon, Sunday, New Year's Day, Thanksgiving Day, Christmas, Washington's Birthday, Memorial Day, Fourth of July, and Labor Day. b) OPERATION OF OFFICE. Company shall keep and maintain in said office at all times during the hours it is required to be open, competent personnel who shall have authority to represent the Company in its relations with the City and with the public. Company shall obtain and keep in said office sufficient listed telephones and personnel to courteously, quickly and expeditiously receive and answer all telephone and other calls to said office. A daily log of service calls received and the disposition thereof shall be kept by the Company. c) MISSED COLLECTIONS. Company shall collect and remove from any and all premises, within twenty-four (24) hours, and no later, after notice, demand or request, any and all refuse which Company shall have failed to collect and remove as required by these specifications at the regular scheduled time. -31 SECTION 5 ROUTES ROUTES AND TIMES OF COLLECTION. The Company shall conduct a City-wide collection of refuse at least once each calendar week, or oftener, if ordered, on a Monday through Saturday basis. For purposes of such collection, the Company may divide the City into collection districts, or routes, and provide for - 2 - different days of collection in each of the districts. Such collection districts, or routes, shall be approved by the City Manager. Upon approval of the proposed routes by the City Manager, the Company shall prepare route books for each district as soon as possible which shall indicate the address of each service, number of cans, frequency of collection, and such other pertinent information as the City Manager may require. The Company shall keep route books up to date at all times. The Company shall give reasonable notice to the general public as to the days and times for collection in each district. No changes in district collection schedules shall be made without the approval of the City Manager. and reasonable notice thereof to the services concerned by the Company. b) EXTENSION OF SERVICES. Company shall promptly upon the annexation of inhabited areas to the City or other increase in service demand, extend his routes and services to such new portions of the City or new areas of required service. Said new routes shall be approved by the City Manager and Company shall hire additional personnel and obtain additional equip- ment to service said routes when required and necessary. c) REGULAR COLLECTIONS. Regular collections shall be made at the times so scheduled; provided, however, that no regular or other collection shall be made upon any Sunday excepting collections of refuse which Company should have collected but failed to collect at a regularly scheduled time. Collections will not be made New Year's Day, Thanksgiving Day and Christmas Day. - 3 - d) TIME OF COLLECTIONS. The Company shall make no collections in residential districts, or at schools, churches, shopping districts, or commercial districts adjacent to residential districts, prior to 5:00 A.M. The City Manager shall have authority to change the time of collection as required by the needs of the public and the Company. e) PERSONNEL LIST. The Company shall provide the City Manager with a list of personnel assigned to each respective collection route and shall immediately notify him of any changes in assign- ments. f) PRINTED INFORMATION. The Company shall supply all occupants of premises with printed information cards approved by the City Manager containing information regarding amounts of refuse which will be collected, complaint procedures, rates, regulations, and days of collection. Such cards shall be replaced every two years, and, in addition, upon request by occupants or owners of any premises and in advance of route, rate, or regulation changes. - 4 - SECTION 6 COLLECTION a) PLACE OF COLLECTION. Refuse shall be collected and picked up by the Company outside of the premises where such material is produced, kept or accumulated, or at such other location as may be approved by the City Manager. Occupants of the premises shall not be required to separate garbage from other refuse. A pickup allowance of two (2) 32-gallon cans of refuse per week shall be made per occupied premise by the Company without extra charge. Individual cans shall not exceed 70 pounds in weight. b) CONTAINER SERVICE. The Company shall have approved detach- able containers available for apartment, commercial, business, and industrial services on a rental basis. The Company shall be responsible for the general repair, and upkeep of all detach- able containers. Containers shall be repainted a minimum of once a year and kept in a serviceable condition at all times. Company shall provide detachable container cleaning service at the rate set forth in Schedule B. upon request of the customer. c) MANNER OF COLLECTION. 1. PERSONNEL REQUIREMENTS. All necessary personnel shall be furnished by the Company. All men engaged in the work of removing refuse under the Contract must be English-speaking, United States citizens, must be of sober and industrious habits and of agreeable disposition. Such personnel must obey implicitly any directions given them by the City Manager through the authorized representative of the Company. The City Manager shall have the right to require the removal of any unruly, disagreeable, or inefficient men from the work. The Company, - 5 - or it's designated representative, shall receive and carry out instructions that may be given him by the City Manager. 2. SERVICE AND SANITATION REQUIREMENTS. The Company shall not litter any premises or public property in making collec- tions of refuse, nor shall any refuse be allowed to leak, blow or fall from collection vehicles; however, if in spite of normal precautions against spillage, a litter is made on any premises or public property, the Company shall immediately remove same and clean up the area of spillage. The Company shall, without delay, after removing refuse from any container replace the container in its designated position on the premises with its cover on, and shall repair or replace at his expense, any containers damaged as a result of his handling thereof, normal wear and tear excepted. The Company shall close all gates after making collections and shall avoid crossing private or public planted areas and climbing or jumping over hedges and fences. Company's personnel shall make all collections in a quiet and orderly manner and shall refrain from making unnecessary disturbances and noise. If, for any reason, the contents of a container are not picked up, such as being over- weight, etc., the Company shall attach a tag to the container explaining the reason therefor, and shall maintain a log or record of such refusals. The Company's collection vehicles shall be operated in full compliance with the California Vehicle Code and local ordinances. Vehicles shall be thoroughly washed and disinfected inside the collection body each day and the outside of each vehicle shall be cleaned and washed at least once a week. - 6 - The collection personnel employed by Company shall wear clean and presentable uniforms with the Company's name thereon at all times while engaged in the work. 3. LIQUIDATED DAMAGES. The City Manager may assess liquidated damages against the Company for violations by the Company of any of the service or sanitation requirements of the Contract or these specifications in accordance with the schedule attached hereto and marked Schedule C. Such assessments will be deducted from the monthly payments made to the Company. An itemized list of such assessments shall be given to the Company monthly. SECTION 7 TRANSPORTATION a) TYPE OF COLLECTION VEHICLES; COLOR; SAFETY DEVICES. All equipment used by the Company for the collection and hauling of refuse shall be modern truck type and shall be so constructed and maintained as to prevent leakage, spillage, or overflow. Trucks shall not be loaded in excess of the manufacturer's recommendations. All trucks and equipment shall be clearly identified by an assigned equipment number and with the firm name and local telephone number affixed thereto. Collection trucks shall be painted a color approved by the City Manager, and shall be equipped with such safety devices and warning lights as shall be required by the California Motor Vehicle Code. b) EQUIPMENT MAINTENANCE AND REPLACEMENT. The Company shall institute a complete and comprehensive system of preventative maintenance on all vehicles and shall keep them lubricated - 7 - and in good repair. Trucks shall be repainted annually. The Company shall use no trucks older than ten (10) years in the work without the express approval of the City Manager. - 8 - CONTRACT FOR THE COLLECTION AND TRANSPORTATION OF REFUSE PRODUCED, KEPT AND/OR ACCUMULATED IN CITY OF CUPERTINO THIS CONTRACT, made and entered into this 15th day of November , 19655 by and between THE CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as the "City" and Emil Casella and Steve Musante doing business as CUPERTINO GARBAGE COMPANY, hereinafter referred to as "Company". W I T N E S S E T H: WHEREAS, pursuant to and in accordance with the provisions of Ordinance No. 007 and 007(a) of the City of Cupertino, the Company has applied for a contract licensing and authorizing said Company to collect and transport refuse produced, kept and/or accum- ulated in the City of Cupertino; and WHEREAS, the Council of the City of Cupertino has found and determined that the public peace, health and safety of the City of Cupertino will be preserved and promoted by the execution of such a contract, subject to and in accordance with applicable laws and ordinances; NOW, THEREFORE, for and in consideration of the payments set forth in attached "Schedule B", covenants, promises, under- takings and obligations herein granted, made and assumed by the parties hereto, each to the other, the parties hereto agree as follows: 1. Term of Contract: City grants to Company for a period of ten (10) years commencing November 15, 1965 and ending November 15, 1975 with a five (5) year option excepting as herein otherwise provided the exclusive contract, right and privilege to collect and transport all refuse as herein defined, produced, kept and/or accum- ulated in City. 2. Applicable Laws: This Contract is made and entered into pursuant to the provisions of Ordinance 007, "Garbage Disposal" of the City of Cupertino, which Ordinance is hereby incorporated and made a part hereof by reference, as amended by Ordinance 007(a), adopted November 15, 1960. 3. Definitions: The terms "Garbage", "Refuse", and "Rubbish" shall be construed to have the same meaning as given to them in Ordinance No. 007 and 007(a) of the City of Cupertino. The word "City" as used in this Contract shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino as presently existing, plus all territory which may be added thereto during the term of this contract by annexation or otherwise. The term "Place or premises" shall be taken to mean every dwelling house; dwelling unit; apartment house or multiple dwelling buildings; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufactur- ing, processing or assembling shop or plant, warehouse; and every other place or premises where any person resides, or any business is carried on or conducted within the City of Cupertino. The "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, State of California. - 2 - Whenever the word "Company" is used herein, it shall be and is mutually understood to refer to the party or parties contracting to perform the work to be done under this Contract, or the legal representatives of such party or parties. 4. Work to be Done: The work to be done under this contract shall consist of furnishing personnel, labor and equipment required for the collection and removal of refuse accumulating within the corporate limits of the City of Cupertino, in accordance with and subject to the provisions of Ordinance No. 007 and 007(a) of the City of Cupertino and the attached specifications, entitled SPECIFICATIONS FOR COLLECTION OF REFUSE WITHIN THE CORPORATE LIMITS OF THE CITY OF CUPERTINO, labeled EXHIBIT "A", which are herewith made a part of this Contract. The Company shall at all times provide sufficient men and motor vehicles necessary to per- form the work in a manner satisfactory to the City Manager. 5. Operation: The operation of the Company under this contract shall be conducted on a "Cash Basis" and the operating year for financial and accounting purposes shall begin January 1 and end December 31. The Company shall not use a firm name con- taining the words "City" or other words implying municipal ownership. 6. Assignments: Company shall not assign this contract, or any interest therein, or any privilege or right granted therein, without the written consent of the Council of the City of Cupertino, first had and obtained, and then only to a person or persons approved by said Council and subject to such terms and conditions as said Council may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment - 3 - without such consent and approval shall be void and shall, at the option of City, terminate this Contract and the license and privil- eges granted herein. This Contract shall not, nor shall any interest therein, be assignable, as to the interests of the Company, by opera- tion of law, without the written consent of said Council expressed by ordinance or resolution. 7. Subcontractor: Company shall not subcontract all or any portion of the work or business which he has contracted to perform without the written consent of the City Manager. 8. Litigation: In the event of any litigation arising out of a breach of said contract in which the City of Cupertino is the successful party, the Company shall pay to the City any and all costs and expenses in connection with such litigation, together with any and all attorney fees which the City may be required to pay in connection with said litigation. 9. Service Rates: The Company shall not charge any amount in excess of the approved service rates for any services required or permitted to be performed by the terms of this contract. Approved service rates shall be the rates established by the City Council as set forth in "Schedule B" attached, and the original approved service rates in said "Schedule B" shall be the rates established by the City Council as the basis for the execution of this contract and shall remain in effect through November 1970. Service rates will be reviewed bi-annually by the City Council. Rate revisions, if any, shall become effective on the date of their approval by the City Council. Financial reports and operating data required by the City for the purpose of the bi-annual service rate review shall be furnished by the Company at no expense to the City and shall be - 4 - prepared in the manner and form prescribed by the City Manager. 10. Company Collection and Payment to City: City agrees to permit the Company to collect from the persons responsible for such material the sum 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 per cent (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 15th day of November, 1965 services. Company shall furnish City with a certified state- ment from an accredited certified public accountant, verifying the total cash receipts upon which monthly contract payments to the City for the previous calendar year of the Company have been made, and Company will allow the inspection of its books by City or its agents upon request. The aforementioned certified statement shall be furnished by Company within 120 days of the close of its fiscal year. 11. Bankruptcy, etc.: Either (a) the appointment of a receiver to take possession of all or substantially all of the assets of the Company, or (b) a general assignment by the Company for the benefit of creditors, or (c) any action taken by or suffered by the Company under any insolvency or bankruptcy act, shall con- stitute a breach of this contract by the Company and shall, at the option of City, terminate this contract and the licenses and privileges granted herein. 12. Notices: Any and all notices to be given, or which City may desire to give to the Company may be given in writing, person- ally or by depositing the same in the United States mail, postage - 5 - prepaid, and addressed to the Company at 101 First Street, Los Altos, California, or at such other address as said Company may file for such purpose in the office of the City Clerk of the City. Notices by the City to the Company of the failure, neglect or refusal of Company or of any of his subcontractors to collect and remove and transport and dispose of any refuse from any premises in the City at the time scheduled therefor and in the manner required by this Contract and applicable laws and ordinances may be given to the Company orally by telephone to an agent or employee of the Company at the office of said Company in the City of Los Altos; should no such agent or employee of the Company be present at such office during business hours thereof to answer said telephone and to receive said notices, then such notice shall be deemed to be given upon the City's attempt to communicate by telephone notwith- standing the Company's failure to receive such notice because of the failure of Company or of any of his agents or employees to answer said telephone. 13. Waivers: The waiver by City of any breach or violation of any term, covenant or condition of this Contract or of any provision, ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. The subsequent acceptance by City of any license fee or of any other moneys which may become due hereunder to the City shall not be deemed to be a waiver of any preceding breach or violation by Company of any term, covenant or condition of this Contract or of any applicable law or ordinance. 14. Performance a Condition: This Contract and the licenses and privileges herein granted to Company is and are conditioned - 6 - upon the faithful performance by the Company and by each and every one of his subcontractors, if any; of each and all of the covenants and provisions herein agreed to be performed by the Company or required to be performed by his subcontractors; and payment of all license fees and other moneys herein agreed to be paid by the Company.. 15. Rules and Regulations of the City Manager: The City Manager shall have the power to establish rules and regulations respecting the accumulation, collection, transportation and/or disposal of refuse not inconsistent with the provisions of this Contract or with the provisions of any applicable ordinances or laws, providing such rules and regulations are found to be neces- sary or convenient by the City Manager for the enforcement of the provisions of this Contract, the provisions of any and all applicable sanitary laws and ordinances, and the preservation of the public peace, health and safety; and the Company shall comply with any and all such rules and regulations of the City Manager. 16. Interruption of Service by Labor Dispute: In the event the refuse collection and disposal services of the Company are interrupted by a labor dispute and scheduled collection and disposal services are discontinued for more than seventy-two (72) hours, the City shall have the right to forthwith take temporary possession of all facilities and equipment of the Company for the purpose of continuing the service which the Company has agreed to provide to preserve and protect the public health and safety. The City shall have the right to retain possession of said facilities and equipment and to render the required service until the Company can demonstrate to the satisfaction of the City Council that required services can be resumed by the Company. Provided, however, - 7 - that such temporary assumption of the Company's obligations under this contract shall not be continued by the City for more than one hundred twenty (120) days from the date such operations were under- taken. Should the Company fail to demonstrate to the satisfaction of the City Council that required services can be resumed by the Company prior to the expiration of the aforementioned one hundred twenty (120) days, the Contract will be rendered void and the rights and privileges granted in said contract shall be cancelled and annulled. During any period in which the City has temporarily assumed the obligations of the Company under this contract, the City shall be entitled to the gross revenue attributable to operations during such period and shall pay therefrom only those costs and expenses applicable or allocable to said period. The excess, if any, of revenue over applicable or allocable costs and expenses during such period shall be deposited in the treasury of the City to the credit of the general fund. The loss, if any, during such period shall be a charge against the Company and shall be paid to the City by the Company upon demand. Final adjustment and allocation of gross revenue, costs and expenses to the period during which the City temporarily assumed the obligations of the Company shall be determined by an audit by a "Certified Public Accountant" and prepared in report form with his "Opinion" annexed thereto. Employees of the Company may be employed by the City during any period in which the City temporarily assumes the obligations of the Company under this contract, provided, however, the number of employees shall remain the same and the rate of compensation to be paid any employees shall be the rate or rates in effect at the time the Company's service was interrupted by the labor dispute. - 8 - 17. Termination of Contract: All terms and conditions of the contract are considered material and in the event the Company defaults in the performance of any of the covenants or agreements to be kept, done or performed by it under the terms of said con- tract, the City shall give said Company ten days' written notice, either by mail or by personal service, setting forth the default, and if said Company fails, neglects or refuses for a period of more than ten days thereafter to make good or perform the default, then City without further notice and without suit or other proceed- ing, may cancel and annul the rights and privileges granted in this contract. In the event of termination of the Contract for breach or default by the Company as hereinabove specified, the City shall have the right forthwith to take possession of all trucks and other equipment of the Company for the purpose of performing the services agreed to be performed by Company. The City shall have the right to retain possession of said trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by the City for said purpose and shall pay the Company the reasonable rental value of such trucks and equipment during the time the same are used by the City for said purpose. In addition to the provisions provided above for the termina- tion of this Contract, the City may terminate this Contract with just cause by giving the Company four (4) months' written notice thereof. In the event the City elects to cancel the Contract in this manner, the City shall be required to pay the Company, within sixty (60) days after the effective date of such cancellation, the fair market value of all trucks and capital equipment used by Company in the performance of this contract. The fair market value of such equipment shall be determined by a committee composed of three - 9 - members, one appointed by the City, one by the Company and the third by the first and second persons. The decision of such committee shall be final and conclusive upon the parties hereto. 18. Heirs, Successors, etc.: The terms, covenants and conditions of this agreement shall apply to and shall bind the heirs, successors, executors, administrators, assigns and sub- contractors of the Company. 19. Faithful Performance Bond: Upon execution of this contract, Company shall furnish to the City and shall file with the City Clerk of the City a corporate surety bond, approved by the City Manager of the City of Cupertino and approved as to form by the City Attorney of said City, executed by the Company as principal and by a corporate surety as surety, in the sum of Five Thousand ($5,000.00) Dollars, conditioned upon the faithful performance, by Company and his sub- contractors, if any, of this Contract. In lieu of such bond, Company may provide the City with such other security for faithful perform- ance as may be approved by the City Manager. 20. Workman's Compensation Insurance: Company and his sub- contractors, if any, shall obtain and maintain in full force and effect throughout the entire term of this Contract full Workman's Compensation Insurance in accordance with the provisions and require- ments of Division IV of Workman's Compensation and Insurance of the Labor Code of the State of California and other applicable laws. Certificates of such insurance, approved by the City Manager and approved as to form by the City Attorney, shall be filed with the City Clerk within ten (10) days after date of this Contract. Company shall immediately inform City of any cancellation, withdrawal and/or change of any such insurance. - 10 - 21. Public Liability Insurance: Company and his subcontractors, if any, shall, at their sole cost and expense, obtain and maintain in full force and effect throughout the entire term of this Contract, public liability insurance, approved by the City Manager of the City of Cupertino and approved as to form by the City Attorney of said City. Such policy or policies shall insure said Company and his subcontractors and the City, its officers, agents and employees, and each of them against liability for bodily injury or death to and of any person or persons and for any property damage, arising or resulting from the operations of the Company or his subcontractors in conducting the business hereinabove licensed and authorized. Mini- mum bodily injury or death coverage provided by said insurance shall be One Hundred Thousand ($100,000.00) Dollars for bodily injury or death of each person and Three Hundred Thousand ($300,000.00) Dollars for bodily injury or death of two or more persons, per each occurrence; property damage coverage shall be a minimum of Fifty Thousand ($50,000.00) Dollars per each occurrence. Policies or certificates of said insurance, approved as above mentioned, shall be filed with the City Clerk of said City within ten days after date of this contract. The policy of insurance shall contain a provision stating that said insurance is primary coverage and will not be cancellable by the insurer except after filing with the City Clerk of City twenty (20) days' written notice of any cancellation so proposed. Copies of such policy or policies or certificates evidencing the same shall be on file at all times in the office of the City Clerk. 22. Company to Indemnify and Hold Harmless the City: Company shall indemnify and save harmless the City, its officers, agents and employees, for and from any and all loss, liability, claims, demands, actions or suits, of any and every kind and description, arising or resulting from or in any way connected with any operations of the Company or his subcontractors in exercising any license or privilege granted to him by this Contract or by any ordinance of the City, or arising or resulting from the failure of Company or his subcontractors to comply in all respects with the provisions and requirements of this Contract, of all applicable ordinances of the City and of all other applicable laws. Company shall, upon demand of City, at his sole cost and expense, defend, and provide attorneys to defend the City, its officers, agents and employees against any and all claims, actions or suits brought against City, its officers, agents and employees, arising or resulting from or in any way connected with the above -mentioned operations of Company or his subcontractors or his subcontractor's failure to comply with this contract and with the ordinances and laws hereinabove mentioned. 23. Liquidated Damages: Inasmuch as breach of the service and sanitation requirements of this contract, the specifications attached hereto, or any rules or regulations established by the City Manager will cause serious and substantial damage to the City and because of the nature of this contract it would be imprac- ticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of the service or sanitation requirements of this Contract, the specifications or any rules or regulations of the City Manager the Company on their part will pay to City as liquidated damages, and not as a penalty, the amounts set forth in Schedule C attached hereto and made a part hereof as'determined by the City Manager in accordance with Subsection (c)3 of Section 6 of the Specifications, such sums being agreed on by the parties hereto as the amount which - 12 - the City will be damaged by the breach of such service or sanitation requirements. IN WITNESS WHEREOF, City and Company have executed this contract by their officers first thereunto duly authorized the day and year first written above. ATTEST: By City Clerk APPROVED AS TO FORM: By --ttz City Attorney CITY OF CUPERTINO A Mun--cipa>l Corporation By or CUPERTINO GARBAGE COMPANY LOS ALTOS GARBAGE COMPANY BY.; C/c� Title and C Title - 13 - UTILITY RATE SCHEDULE SCHEDULE R-1 DOMESTIC REFUSE COLLECTION APPLICABILITY: This schedule applies to all occupied* single-family domestic dwellings as required by City Ordinance. TERRITORY: RATES: Within the incorporated limits of the City of Cupertino and on land owned or leased by the City, except as noted below. Separate single-family domestic dwelling MINIMUM CHARGE . . . . . . . . . . . . . . $1.7 5 The minimum charge is based upon the collection of refuse from two 32-gallon containers, outside premises. Per Month Number of Cans Collections Per Week One Two Three 2 1.75 3.50 5.25 3 2.50 4.25 6.00 4 3.25 5.00 6.75 5 4.00 5.75 7.50 6 4.75 6.50 8.25 *An occupied dwelling is defined as any house, cottage, flat, duplex unit, having kitchen, bath, and sleeping facilities, and to which gas or electric service is being rendered. (Continued) RATES: UTILITY RATE SCHEDULE SCHEDULE R-1 (CONTINUED) DOMESTIC REFUSE COLLECTION Apartment Dwellings***: MINIMUM CHARGE . . . . . . . . . . . . . . . $1.50 The minimum charge is based upon the collection of garbage and refuse from one 32-gallon container. Per Month Collections Per Week One Two Three Each Apartment . . . $1.50 $3.00 $4.50 *** An apartment dwelling is defined as any dwelling in a building containing three or more single-family dwellings. * If a greater frequency of collection is desired for an apartment house than is shown in the above schedule, the monthly service charge will be determined by the Company, based on commercial rates. A $1.00 service charge will be made if return call is necessary in order to pick up containers previously missed by reason of locked gate, or other reasons which prevented service. For duplex, triplex and apartment houses using a common garbage, swill, refuse and waste matter container, or having all containers in one location, the rates shall be as listed above per month per unit to be paid by owner. Each unit will be entitled to have emptied two 32-gallon cans of garbage which shall be left outside the premises on the street side of the structure, or each unit shall be entitled to have emptied one 32-gallon can located inside the gate on the premises. In the event a unit has more than two cans located outside the premises, an additional charge of 550 per month per can will be made. For each additional can located inside the gate in excess of one, a charge of 750 per month per can will be made. Similarly any rental unit charge shall be paid by owner. 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. For the regular collection of garbage, swill, refuse and waste matter from any office building or mercantile establishment or business, using a common container, restaurants, cafes, stores, factories and similar places of business or from any premises or places of business producing said refuse (excepting those premises - 2 - for which the rates are hereinbefore specified), the rates per month for wet garbage, swill or dry- garbage for 32-gallon garbage cans, the contents not to exceed 10 pounds in weight for each can, shall be as follows: $1.75 per month per 32-gallon can. Owner may utilize garbage company containers at the following rates: Times Metal & Lid Metal & Lid per 12 yds. 3 yds. Week per month per month 1 $12.00 $21.00 2 22.00 3 32.00 4 42.00 5 52.00 6 62.00 39.00 57.00 75.00 93.00 111.00 Metal & Lid 6 yds. per month $36.00 56.00 76.00 96.00 116.00 136.00 Wood -No Lid 8 yds. per month $32.00 54 . oo 76.00 96.00 116.00 136.00 For the irregular or occasional collection of refuse for which rates are not hereinbefore provided, the charge shall be at the rate of $2.00 per cubic yard with a minimum charge of $1.00. It shall be the duty of the Company to make such collections as promptly as possible upon being actually notified. The said fees are to be paid at the time the collection is made. 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 Company and approved by the City Council. Customer responsibility for cleaning and painting containers due to fire, abrasive or corrosive materials being placed in the containers and causing substantial damage to finish and metal. Size 12 cubic yd. $16.00 3 24.00 6 „ 34. oo 8 42.00 - 3 - SCHEDULE C LIQUIDATED DAMAGES The following are the charges for verified violations of the Contract or Specifications to be used by the City Manager for each separate violation. 1. Early starts $5.00 2. Equipment not washed as per Specifi- cations 5.00 3. Failure to tag containers which are left due to being overly full, etc. 5.00 4. Failure to collect misses within 24 hours 5.00 5. If City equipment is used to pick up misses or respond to complaints, the minimum charge shall be 7.00 6. Repetition of complaints on a route after notification of unnecessary noise, failure to replace cans in designated position, spillage, not closing gate, crossing planted areas or similar violations. 2.00 7. For any violations not listed above, the amount of liquidated damages shall be as determined by the City Manager on the basis of similarity of the violation to those listed above. TABLE OF CONTENTS Article Number Title Page Number 1 Term of Contract 2 2 Applicable Laws 2 3 Definitions 2 4 Work to be Done 3 5 Operation as a Separate Entity 3 6 Assignments 3 7 Subcontractor 4 8 Litigation 4 9 Service Rates 4 10 Company Collection and Payment to City 5 11 Bankruptcy, etc. 5 12 Notices 5 13 Waivers 6 14 Performance a Condition 6 15 Rules and Regulations of the City of Cupertino 7 16 Interruption of Service by Labor Dispute 7 17 Termination of Contract 9 18 Heirs, Successors, etc. 10 19 Faithful Performance Bond 10 20 Workman's Compensation Insurance 10 21 Public Liability Insurance 11 22 Company to Indemnify and Hold Harmless the City 11 1 23 Liquidated Damages 12