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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 -2 - 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. -3- 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 -5-