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Garbage Disposal - Los Altos Garbage Co - 1955
Log Altos Ga bage Co. 1 of r .� rY> GARBAGE DISPOSAL ORDINANCE NO. 007 AN ORD339ANCE Oi? THE CI'I`y ',:+F CIMERTINO DEFINING GARBACF, RUBBISH AND WASTE MATTER AND PROVIDING FOR THE REGULATION, KEEPING, GATMMNG, RECEIVM, DISPOSING AND DE-33TRUCTION TkEMF PhVV1DrNG FOR THE COLLECTTON AND DISPOSITION THEREOF BY TIM CITY 00 CUPERTINO: FIXING THE FEES TO BE PAID FOR SAID .CE: . FANG IT UNLAWFUL 70 SPILL OR THROW GARBAGE, RUBBISH OR WASTE MATTER OF ANY KIND UPON THE STREETS, ALLEYS, PUBLIC PLACES OR VACANT LOTS OF THE CITY OF CUPERTINO: MAKING A VIOLATION 03? THE PROVISIONS OF THIS ORDINANCE A MISDEMEANOR, AND PROVIDING A PENALTY THEREFOR: PND DECLARI11G THIS AN EMERGENCY ORDINANCE TO 'FAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 1 yy p1 GARBAGE as the said word is made use of in this Ordinance, consis 's of every ac uamulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in, or storage of, meats, fish, fowls, birds, fruits or vegetables. T`he term "garbage" does not include dish water, .baste water, or d :ad animals. RUBBISF, as the word is made use of in this Ordinance, consists of wood, : ti°es, dead trees, or branches thereof, :hips, eh--vings, }woods nwar�_, dodgers, printed matter, paper, paste-board, grasp , rag,-,, straw, boots, shoes hats and all cTher combast1bLe matter not included in this Ordinance under thv term "garbage" . WASTE MAA EP, as the word is made use of in this Ordina nc. , consists of natural soi]j., earth, ssnd, clay, gravel, loam, ma.nvre, stone, bricks, brick-bats, plaster, Portland ccment, crockery, quz:c.nswar;?, glc Ss, glassware, ashes, cinders, shells, mctals and all other noncL.nbustible• material. Section 2 It shall be the duty of every tenant, lessee or occupant of any prlvatL dvt llinu house: find of the ker-per of every hotel, restaurant, 4ating house , boarding house or other building where MLaIs ar�_ furnished and of the: ownc.rs of every furnished flat or apartment house, and Of wary other person having garbage, to provide without expens4 to the City of Cupertino, and at all times to keep within said building or on the lot on v.hich said building is .situated, suitable n.nd sufficient watertight cans or receptacles with suitable bales or handles, and each having a tight fitting cover, for receiving and holding. without leakage, or escape of odors, and without being filled to within four inches of the top, all the garbage which would ord.1n.irily a^cumulate on said premises in one week's time. It shall be unlawful to keep, place or deposit garbage, rubbish or waste chatter on any private grounds or premises whatsoever, except in cans or receptacles as designated in this Ordinance . Elm *Y Section It shall be unlawful for aiv person in the City of 0.1pertino to throw or deposit garbage, rubbish, or waste matter, or to cause the swro, to be thrown or deposited, upon any street, alley, gutter, park, or other public place, or to throw or deP031t the sane In or upon any vacant lot, or back yard, or to store or keep the same otherwise than in cans or receptacles as required by Sections 2 and 4 of this Ordinancw; and it shall be unlawful to have, store, dEpoelt or keep garbage where rats will have access thereto, or feed thereon. Each day's violation of this section shall be treated and considered, and the same shall be separate and distinct offense. Section 4 It shall be the duty of every tenant, lessee and occupant of every private dwelling house and of the keeper of every hotel, restaurant, eating house, boarding mouse, apart- ment .house or Other building where :rubbish will accumulate, to provide boxes, barrels or other receptacles to be kept on said premises sufficient to hold the rubbish which would ordin,argly accumulate on such premises in one week's time, and all rubbish accumulating on such premises shall b,� placed in such boxes, barrels or other receptacles. Said boxes barrels, or receptacles shall be so placed as to be readily accessible to the collecLcrs for the removal of rubbish therefrom. No one of said boxes, b-:rri:ls or receptacles shall have a capacity exceeding one hundred gallons. The Health Officer with the approval of the hia-yor, shall be the exclusive ,judge of the sufficiency of suct' box,�s, barrels or receptacles. Section 5 It shall be unlawful to deposit any garbage or rubbish within the City limits or within four hundred yards thereof, except at the place designated by the Health Officer, and approved by the Mayor for Laa purposes of destruction. Waste Matter, as defined by this Ordinance, if not removed beyond the City Limits, may bL :rude °tse of upon receiving written permission from the Health Officer with the approval of the Mayor for filling in on low lots within the City Limits. Section o It shall ha unlawful for any person, firm or corporation,, other than the collector as may be designated by the City of Cupertino, under contract therefor, or his agents or employees, to collect, dispose of, transport, carry or convey through the streets, alleys, or public thoroughfares, of the City of Cupertino, any garbage, or other matter offensive to the sight, or to collect or dispose of the same, except rubbish, waste paper and waste matter, as the word is -used in this Ordinance. Such licensees of the City of Cupertino shall collect and remove such garbage, rubbish or offensive matter in carts -2- or wagons which shall be numbered with the number of each painted on the outside thereof so as to be plainly been and which shall be so loaded that none of such garbage, rubbish or offensive ratter shall fall, drip or spill to the ground. Each garbage collector shall, when at work, gear a numbered badge in plain sight upon which shall be the words, City of Cupertino Garbage Collectori°. Section 7 It shall be unlawful for any person, firm or corporation to drive, or to cause to be drivan upon or along any street, all -Y.. highway, place, court or other public place within the li of, said City, any vehicle loaded with rubbish or waste ma as said terms are defined by this Ordinance, unless sul r. ; , gon, cart or other vehicle be so loaded that such Tubb_ or waste matter will not spill out upon the streets, alleys, highways and other public places of the City. Section 0 It shall be unlawful for any person to burn, or cause to be burned, in or on any bitumen_ or asphalt street, alley or highway, or in or on an street alley or highway which has been macadamized or oiled within the City of Cupertino, any rubbish. Any person may lawfully burn rubbish except on streets, alley-- or highways of the character herein mentioned, subject to the provisions of this Ordinance, in an incinerator of a type approved by the Hcalth Offic�_:r, between the hours established by Sate lava or City of Cupertino ordinance. If the garbage collector is required to clean the ashes from any such incinerator he shall be entitled to charge and receive the sum of fifty cents for each such cleaning. All such incinerators shall be wholly cleaned out at least once a month. t Section o It shall be unlawful for any person to throw or deposit, or to cause to be thrown or deposited, any rubbish or wastc matter , as said terms are defined by this Ordinance (except bricks, brick-bats, cement, plaster, stones, and gravel, and these only under a building permit) in or upon any vacant lot or in any back yard, or on or upon any street, alley, gutter, highway, park or other public place in the City of Cupertino; or to deposit or place or k`ep any rubbish or waste matter except in the manner prescribed in Section 4 of this Ordinance.; provided, it shall be lawful for the ownor or tenant of any premises to burn leaves, prunings or other waste matter obtained from the premises from trees, plants or other similar growth in the City of Cupertino outside the fire limits thereof without an incinerator in any convenient and safe manner k.xcept on streets, alleys or highways of the character set forth in Section 8 of this Ordinance . -3- Section 10 , It shall be the duty of, the Garbage Collector of the City of Cupertino, under the direction of the Health Officer, :s to gather, collect tub dispose of by dumping, burryin,�,, distribution, or sale all garbage,ge, rubbish and waste matter except as hereinafter provided. It shall be the duty of the- Garbage Collector to collect all garbage in said City at least once each week and at such other times as the necessities of the particular case require. Section 11 For the purpose of said collection the Mayor may divide the City into as many districts as may be deemed necessary for the convenient collection of garbage, rubbish and waste matter, and may fix a day or days on which the same shall be collected in said districts. Section 12 Any person from whom garbage, rubbish and waste matter is collected under the provisions of this Ordinance, shall pay the Garbage Collector the following fees for said services: Times per Week One Two Three Six For 1 - 30 gallon can $774- $ .50 7 *7 For 2 - 30 gallon cans 2.00 4.00 6.00 i2.O0 The abov�j amounts for regular collections shall be payable in advance; paymcent for special clean up ,jobs shall be made at the time the services are performed. Section 13 It shall bc: unlawful for any person or persons, other than the duly authorized collectors of the City of Cupertino, as prescribed in this Ordinance, to collect garbage or rubbish,or to interfere in any w nner with any receptacle containing garbage or rubbish or the contents thereof, or to remove any such receptacle from the place where the same are placed by the owner or leasc:es then,:.-of, or to remove the contents of such receptacle. Provided, that any person, firm or corporation owning any rubbish or waste matter, as the same is defined in this Ordinance, may transport the same on the streets and alleys of the City of Cupertino, only in accordance with the provisions of this Ordinance. -4- Section 14 The garbage collector ahall execute a surety bond in t:,z sum of $5,000.00 payable to the City of Cupertino, conditioned upon his faithful compliance with all of the provisions of this Ordinance and his contract with the City of Cupertino, and said bone shall be maintained in full force and effect at all times. Section 15 Every person, firm, association, or corporation violating any of provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be pu n fished by a. fine not to exceed THREE HUNDRED t.ND 00/10C ($300.00 DOLLARS or by imprisonment for a period not to exceed three {31 months or by both such fine and imprisonment. .Section 16 If any fee provided for in this Ordinance is not paid within sixty (60) days from the due date th..rcof, a pc:na_` ty o f ONE HUNDRED (100%%) PERCENT shall be added to F- i d f r�_ Which shall be collected in the same manner as herein provided. . ny person by whom the garbage fee is payable, who, after notic given by the Collector by hill rend-red to such person cr -eft in a conspicuou- piac_ on th(2 premises, refuses , r neglects to pay such garbago fec; shall be deemed guilty of misdemeanor and upon conviction thereof shall t punichcd �s provided by Section 15 ri-z�rc---of. Section -7 This Crdi anc(� shall tLke its adoption as un ur-cncy crdinanee for thL reason that t is immediatc ly necessary for the City to 1-t a contract f cr ti disposal of garbage thorcfrom and in order to pro1^otL- the public h alth. Section 18 POSTING CLP'JSE Copy of this Orrlinanc� shall t� post,d in at i;:ast three (3) public places in th_ City Cv.pertino within f ifte.:n (15) days after its passs!gr as provided in Section 369'�3 :f the Government Ccde of the State of California. Introduced at a regular mooing of, the City Council -_f the City of Cupertino on the. 14th day of November, 1955. Passed and adopted at a regular moeting of the CAt,,T Council of the City of Cupertino on the 28th day of November, 1975 by th.,-- following vote: ., A S: Councilmen Lindermeyer, M.eyerholz, Nathanson, Saich and Wilson WES: Councilmen (None) ABSEM Councilmen (None) Ralph E. Lindenmcyer mayor In witness whereof, I have hereunto set my hand and affixed Pr the Seal of said City, this 22th day of November, 1955. /s/ Edith H. Anthony HC .L.I1g S:cre-tars an Ci I,jT - LrK of the City of Cupertino, California 9 -6- qy OFDTMANCE NO. 007 --"Tv. OF CLITIFIRTINTO AMENDING, �')RDTNANCE NO. 0, AN ORDINANCE OF THE C r7 FIXING RE't1ZSF.0 FEES FOR SERVICE, 4".*,qD LEC"o-ItRING THE UIRGENCY THEREOF THE CITY COUNCIL OF VIE C'-'-*.L- OF "Me:JF11NO T,0Z.9 ORDAIN AS POLL40WS: Section 1: Revised Section 1: 1: Secziori 12 of OrdInan--c! No. 007 is hereby re- T %I &- � e . pealed &rl in-14 —s place is enacted the fol "oY." n- --c clar't_s- :_ - Rates (a) 3or the -urpose of .;cllecting all gar'_;age I swill-, refuse and waste oatter Produced In and about the househoill, each nousehold having separate containers, ahall pay a fee of 'Cre and 40/-'C_0 ($1.40) Dollars per; month for one collection per week for tv7o contalrerz* ,f the k--*nd and type as hereafter p.-Ovided an'-14, the said fee sha I be -a4d whether the householder has or has not any - garbage, swl-' 2 , refuse and waste ratter to be col-_ected. The hcuseholder s:iall pay such additional fees for the collection of garbage, swil-, refuse and waste matter in e;:ce--s of two (12) 30 gallon contair.?rz in, accordance wlt-h a schedule heleinaf ue.- pr( - scribed and for e-- -', day of collection o�.'t=r one, the fee t—, be f if 4-y percent. additional. (b; -For ai;:.rtrnent houses using a co..-n-non =ba-E;e, ,;,will, re- fuse, and waste .titter cent-a i ne r, or he vie:? P I I c c n t c,I nP i,s in c c a t iio n, the rayable in one fee sha) -i be on a rato fixed by the ''Scavenger' rind ripproved ty tl e Cit-:) Council . The -cerm.-apartment to as us-- -In slip,11 Inc cc-1-3 tc, lncl'i.ide- occupied trailer camps and - ccupied '-n auto courts, ms"C'e 1 s, a.._ a(-- -_" C amp s. r 4"hc; -1, 3 11 e c I f s 14 i I r e f-,)s e and waste -'cater .'i-: estab- lish ment or bus_fnofeSZ .. us-' C. con` a- re- mises - �mises or -lace o b,_.-- ness rr ur-7 sa 4-4 nh _:lose premises -&'--r whic.". t.*.,--- rates art-. I A) 7,hiz rates per mcnta for th_ S _a rs I I o-"q S For two �2) 30 gallon galvanize�-! a f c, E D 0/joo +,I 4o) DOLLAR p,,-=.r mol-1-1*1h; of 7,0 of garbage, swill, refU.3e, an,14 v;ajt-e matter, C� in aco:�,r!danC-e with the fcllowin.w scrcdul.•: Times per vEelr One ---Two 1.,,C_ S-11 x *For 2 - 30 gallon cana $1.40 $2.4o $3.40 $6.80 outside premises For amounts greater than 2 - 30 gallon cans, the rate shall be such as may be agreed upon by the Scavenger and the oener-producer, sub- ject to the approval of the City Council. Section 2: tlrm-enny Clause Section 2:1: This c iinarace der,-Ia 'Ld to be an urgency ordinance passed pursuarat t0 ^UGC- ; of t-.hZ t v vLrnment Code The facts constituting the ul-_:�nc;y are follow- t. wit: that the City has negotiated a new schedule of garbage rF-tes and proposes to enter into an agreement t,:ith a duly qualified service agency for the disposal of garbage, the data of said agreement to be as of the date this ordinance is e:iacIC'.ed; thr:t this ordinance is a reverrue measure for the operation of the Cj ty_ Section 3: Publishing Clause Sec`ion 3.1: This ordinance: 1-hall be published once within 15 days after its pas:a--e with the manes of the members votin for or against in the Cupertinc Courier, a newsYa-cr .;ubiished in the County of Santa Clara. INTRODUCED AND ENACTED at a regv,'Lar mck.t ng of the City Ccur_c! of the Ci-_:,, of Cupertino on this 1 h day of November, ,; C ;,y the following :<;te: AYES: ::�uncilmen: n-netti, NOES: ;cuncilmen: °Ic;nE� ABSEINT: unci.lmen: I.?onc '7EaT �r City- -1 T liark- 2 - � � f n ;: 011 .>tl';t.'. .+:.. `_z 'x - s>°' ,+' ,'``.. ' r�{''', `{r ,t��,_.+"''J i:'•`�a, fir; t I� {L+ s s 74 t a i. -h i c: e�. � '�C. •ems•.,. C� .. y , 9a Pt 7,r `iJe_r .gym. G u i +J � r f' .` Al` c_, a ,I,:'s"1•I'" ."'�• • �•:tJ J•t�_. J{j'.1t r,x�'•1i# "1' ♦.I ' ism. ill SP • yin WXWAM XIKM C=AGO A STOCK COMPANY e CON iRA RYWS BOND FOR FAA PER N(M • KNOW MoL mm:That vm Los Altos Garbage CozpwW,, a partnershIV or Stove Musanto & Soil Gasolla, dba Cupertino Garbage Co. ss Prineiips3, `S PUIM I1 11111 MTY COMPAW, a eorp nation organized under the Ion of the State of Califamis. and duly ant1wriced under the laws of the state of—CQIIfOrni&___._to Ise nole surety on bwde4ndumfertalring, as may,are held and firmly bound unto (City of Cupertino, F: Santa Mara County, ftllrw nla as Obligee, in the full and jud sum of FM THOUSAND ANO N4I100 - Dollars, ($ 59 oOO — -4, lawful money of the United states of America, to be paid to the said Obligee, mceessors or assigns; for which payment,well and truly to be made, we bind ourselves, our heirs, executors, suc- eemrs, adm;nistrators and assigns,jointly and severally,firmly by these presents. The Condition of the above Obligation is such that whereas the said Principal has entered into a contract of even -date herewith with the said Obligee to do and perform the following work,to-wit: To furnish Men and Equipment for the collection and hauling of garbage and other waste material, to pay to the City of Cupertino ten percent (10%) of gross receipts; all as further set forth and described in Agreement dated the 14th day of November, 1955. as is more speeifeally,et forth in said eontract,to which eontmet reference i, lwrel(;• made; Now therefore, if the said Principal shall well and trul*-do the said ~cork, wad fullill each and ecery of the cove- nants, eondition:i and requirements of the said contract Ill a('ctorlhmee wit,: the Idaiis and spcelfleatlons, then the above obligation to be void,otherwise to remain in full force and virtue. No right of action shall accrue wider this bond to or for the use of any person other than the Obligee maiiedl herein. Sealed with our seals and dated this .-. _14`j'M-----.- - -day of ___-..-. NOVk�ER , 1955 . . , M i A 1+d1 FI1ND INDEA P41T NY x` IAM N s COMPAGNO--- (Attorne —In—Fact) ' Y VG 1731A /1-51 $' f • , v.x ' u, Bond No* 4 M9 5.00 y, 'too row s y.K of , as OMMOM aand ' the laws of eta' ' eof �- 604tjs 06 Wild W ffttly bomd uft the am OF Santa OUA s California in the real arad just Sam AM MAWthe i9W ( )s uwa money of the United States, for the V40aw& of which am wiill aud trhlg to be made we bind oureal our he3.rsis sulacessars or assigns jointly and several firmly by those prlss THE OUND t'I;ON OF TES OWGATION IS SUCHv that whereas the Principal f< entered into a certain contract or said City of Cupertino, dated agreement11 19561, fora � t thefurnishingof men and equipment for the collection and hauling of garbage and other waste material, to peg to the City of Cupertino ten percent (10%) of gross receipts, all as further set forth and described in said agreement. The effective date of this bond is November 14, 1956o k MW# THEWORE, if the Prineipa1 shall, during the term of this bond or army, con int.;ation thereof, do and perform all things required to be done end per fort-v!d by it and by the term and covenants of said Agreement, then this obligation to be null and void; otherwise, to remain in full force and effect. It is specifically understood and provided that this bond shall be- come effective upon the effective date of the above described AgrewAnt and shall expire one year from that date unless continued by the Surety as hereinafter provided. It is .further understood and provided that it is the intention of this instrument that the Liability of the Surety under this bond shall not extend beyond the term of the bond or any continuation thereof, and 4 that the Sanety shall not be Liable for W loss which may be sustained by the Obligee through the failure of the Px"'dnrapal to perform an7 of the covenants, terms and conditions of the Aireeinent subsequent to the j. term of this bond or any continuation thereof. It is further understood and provided that in the event this Surety does not continue this bond throughout the entire terra of the Agreami there shall be no liability upon the Surety for arq failure of the Frill cipal to provide or maintain a further bond or other security for the balance of the term of said Agreement or arq lose to the Obligee aris- ing out of the termination of the said Agreement in the event of fail- ure of the Principal to deUver or maintain in effect any such bond or t other security. It is further understood and provided that this board may be awt- inued at the option of the Surety for successive periods of one year a'F each following the ter hereof by the furnishing to the Obligee ®f a continuation certificate duly executed by the S►UHZTY stating the terms of such continuation. IN WMM WMWFt the above-Bounden parties have executed this instrument under their several seals, this 14th d4r of Ncnmolal 1956• AMMAR TY AW ASK A qkE AL X4 Fkamen's Food lntvm*w Company �tttl,thlt Fmd If1&mnity Company Mationd S-0ty Corponoica lip, POO&Mde&!y.SMOV mad OW91 y Department:401 CAUFORM SMIRSAtJrnmawe 2% Sul=1.8400 f. 1. BUTCHER j m 26, 1 AWSTANT V;LE PRESIDENT City Clerk City of Cupertino County of Santa Clara Cupertino, California Re: C-0144 (130026) Los Altos Garbage Company A Partnership of Steve Musante # &U Caa U&, dba Cupertino Garbage Co- Dear Sir: You have recently agreed to and accepted a rider placing the performance bond written on behalf of Los Altos Garbage Company. a partnership of Steve Musante and Emil Casella, dba Cupertino Gar- bage Co and in your favor, said rider reducing the bond to a one- year t are, wqdring on November 14, 1936. You acknowledged the original and tuo carbon copies.. We are retaining the two carbon copies in our file, but are fowwalding you the original, which should be attached to the bond you have in your fides so that all parties concerned will understand the conditions of the bond as changed by this rider. yours, H. 53chwobeda Assistant Manager U13Qw Rue. Fkemm's 4�mA Wwramm Campmy a R a u r Now*F•W.6 Alin w wmo Cry F•arsesn•s F"d Imaity Cry Mntiwrm/SwsRyr twpaalisa Fie Fatelky,Swap mW Mwg"Dapeffnew.401 CALWOORA 5111101 - SAN - sull t." B F. J. BUTCHER ASSISTANT VICE►#StDENT t 1, 19% MR. LAWRENCE K. MIARTI N CITY CLEQK CITY OF CUPERTI ,uO COUNTY OF SANTA CLARA CUPERTINO, CALIFORNIA OM NO. C-98L44 - LOS ALTOS GARBAGE COMPANY A PARTNERSHIP OF STEVE MIUSAtTE AND EMIL CASELLA D/B/A/ CUPERTINO GA!ABAGE DEAR MR. MARTI11: THE CAPTIONED BOND Rt"RESENT,S A $5,OW.00 PERFORMANCE BOND WRITTEN ON BEHALF OF Los ALTOS GARBAGE CO*OANY, A PARTNERSHIP OF STEVE MIUSANTE AND EMIL CASELLA DOING BUSINESS As CUPERTINO aa. ;i•kAGE C004PANY IN CONNECTION WITH THE CONTRACT AWARDED TO THEN ON OR ABOUT NC INBtA 14, 1955, COVERING THE COLLECTION OF ALL GARBAGE, SWILL, REFUSE AND WASTE MATERIAL IN THE CITY OF CUPERTINO. THE DOWD WHEN ORIGINALLY WRITTEN, WAS FOR THE TERM OF THE CONTRACT WHICH WAS FOR FIVE YEARS BUT WAS LATER CHANGED TO A PERIOD OF ONE YEAR AND A COPY OF SUCH ENDORSEMENT WAS FURNISHED TO YOU WITH OUR LETTER OF DUNE 26, 1956. THIS IS To ADVISE YCNJ THAT IT I: OUR DECISION NOT TO RENEW THIS BOND AND, THEREFORE, YOU SHOULD NOTIFY TH€ CUPERTINO GARBAGE COMPANY TO MAKE OTHER ARRANGEMENTS. PLEASE ACKNOWLEDGE RECEIPT OF THIS LETTER. ER IT UlY YOURS t H. SCNwO®EDA ASSISTANT MANAGER LHB:LE / CC FF SAN JOSE OFFICE PETER TORrtEY INSURANCE I r CUPERTINO CARDAGE CO. e IND@kmTy INSURANCIPCOMPANY OF NORTH AMERICA � CERTIFICATE OF INSURANCE is to " to ciTr CW CaPZMNO that the followir.g described policy or policies have been issued to u' Nime and Addren LOS ,ALTOS GARBA99 011PAN? of Insured 121 First Streat, Zoe Altos, OaliFornia covering in accordance with the conditions them ni, t:; fhe following location(s): TYPE OF POLICY X' POLICY NUMBER POLICY PERIOD LIM"S OF LIABILITY (a) Standard Workmen's Compensation Statutory W_C. a Employen'Li;hility S One Occident and Aggregate Disease (b) General Liability 2 MIP 40-2. Bodily Injury Premises-Operations S 100,000.00 Each Person Elevators independent Contractors iS 300,000.00 Each Accident Products Contractual !S 300,000-Ov Aggregate-Products Property Damage Premises-Operations 'S 25,00000 Each Accident Elevator S 25 e 000:00 Aggregote-Prem. Oper Independent Controctors 'S 25,000-C" Aggregate-Protective Products S 25,00 0-00 Aggregate-Products Controctua! S 25,000-0C Aggregate-Contractual (c) A ocreobile Liability Bodily Injury Owned Automobiles IS 100,000.00 Each Person Hued Automobiles a Non-owned Automobiles IS 100.000.00 Each Accident Property Domage Owned i iutornobiles Hired Au omobiles tt�S 25,000.0'0 Each Accident Non-own"' Automobiles 1 (d) "Insurance afforded only for hazards indicated by X. + It is the intention of the company that in the event of cancelation of the policy or policies by the company, ten (10)days' written notice of such cancelation will be given to you at the adds^ss stated above. INDEMNITY I CPWANY OF NORTH AMERICA PTTI8 TOMB Aathadred Rewo wiftt3M4 ARK SAM J. ANDERS©\i ^.E " C C Pv G 9 U t'- C 1, _ SARATOGA OFTiC6 SAN FRANCISCO 4 OAAS7 eiG BASIN war ^--^- --- UNIOM 7-0725 YU--'w 2-3733 August 8, 1977 Mr. Lawrence K. Martin City Clerk of Cupertino P. 0. Box 59i' Cupertino, California Dear Sir: 1 have received the enclosed Certificate of Insurance from the Ind,—mnity Insurance Company of Korth America and have found it in order. Yours very truly, 1 Sam J A 'erson SJA:bp Enc. ( 1) PETER TO LEY SWM M4 ' w 6-5731 2007 HE®DONG STREEr - SAN JOSE, CAUR ®P*OrEfr WHAT YOU MAVEZ® February 4, 1958 City of Cupertino Stevens Creek Road- Cupertino, California Attention: City Cierk and City Attorney Reference: Los Altos Garbage Company General Liability Insurance Gentlemen: You now have on file a certificate of insurance for the above captioned, however it has become necessary to replace the current policy and to do so, it is going to require three or four separate policies. In order that the city understands what is happening, I will outline the changes, but first let me say, AT NO nIME WILL TRL' LOS ALTOS 3ARBAGF COM- "A" 3E WI TFCCTT TF? 1 DXNTI CAL COVERAGE IrFAY NOW PAVE. The change will be,-- A General Liability policy will be issued by the present insurance carrier, which will be the saws as the present policy except, there Will be no automobile insurance. The automobile in- suracce will be covered in a, policy for 5/1C,000 3cdily Injury and $5.000 Property T)aaaage from the rarP�r's Insurance Group and an Excess Liability policy with Lloyds of London which will provide the additional 95/290.000 3odily In.iury ana 120,000 additions' Property Damage coverage. Within the next two weeks you will receive certificates of each of these policies. When the transfer is complete. I will send you a self- addressed, stamped. envelope to return the certificate you now have. The Los Altos Garbage Company greatly appreciates your cooper- ation while this con_`ozing transaction is taking place. S1 your a, S PBT-&R TORT Broker of Record PT:eh <401W 1 � '�s R PETER TOtMEY SWte 1G4 AknW 6.5731 Z� HEDDING — 5�ite1 5E, �Llf. VVY WHA rov aAVEO February 25, 1958 City of Cupertino Stevens Creek Road Cupertino. California Attention: City Clerk and City Attorney Reference: Certificate of Insurance las Altos Garbage Company Gentlemen: Enclosed please find the new Certificate of In- surance which is to replace the cre you now have on file for the Los Altos ;arbage Company. Please return the old Certificate in the enclosed envelope. Sincerely yours. FETTER TCRMV ^T:eh Enclosure OF } NORTH AMERICA COMPANIES COWMCATE OF INSURANCE to 8 etror to any up Cups"M10 theft d w lalloviring dm=Ud policy or pancie3 have been a to .,.. Mme md A of -- 121 F , 1AS AT: , CALnMMrA covering in accordance with the condition thereaf, at the following locotion(4 TYPE OF POLKY X. J POUCY LIMITS Of UA LITY COMPANY— �' (a) 9ardsld Wadrits's Statutory W.C. a Eraplayars'Liabll'tfy I S One Accident and Aggregate Disease com"ANy- ELFR A FIRE AND BAR IlIMMANCR COMPANY ' (b) General L abfty Bodily Injury Premise:-Ove► o n ; X 4COL 2396 2/6/5558-59 S 100"C00. Eacb Person Elevators independent Contractors } 4S 300,000. Each Accident Products X Contractual X S 3� 000. Aggregate-Products I' s Property Damage Premises-Operations X i S 25 a 000. Hoch Accident Elevator ? S 25,()()0. Aggregate-Prem. Oper Independent Contractors i 25 000. Aggregate-Pre.ective Products i X --� --I�S 25 000. Aggregate-Products Contractual E $ i , S 25a()C)Q. Aggregate-Contracrwol COMPANY— (c) Automairile Liability F Bodily Injury Owned Automobiles S Eoch Person Hired Automobiles i Non-owned Automobiles ,S Each Accident Property Damage Owned Automobiles Hired Automobiles ( l Each Accident Non-owned Automobiles COMPANY— (d) j 1 � 1 t "Insurance afforded only For hoaords indurated by X. Ing 2-21 h is the intention of the company that in the event of concelation of the policy or policies by the company, ten (10)days' wn"en notice of such cancelation will be given to you at the address stated above. PETER TORMEY INSURANCE COMPA �94ERICA COMPAP EM General Insurance 13,c1cr 2W7 HEDDING ST. /P 047M?"ear-RD=Z Tarr. AX 6-5731 suille iO1 � A R Sac loss, �SU 43�e �° This is to certify to Stovess Crook Road That the following described Policy or Policies in force at this date have been issued for Underwriters at Lloyd's, London and/or Insurance Companies, to A I03 AVM_BA yea a r Address- 121 Main Street, Too Altos, California f Type of Insurance Policy Number Expiration Amounts Z 75/250#000*00 Excess of � Sec 2-6- 25150,000.00 4 First Excess Auto. B. I. 20/409000.00 Excess of and P. D. SFS 163506 2-5-49 5110,000.00 Bodily Injury 0 20,000.00 Excess of 59000.00 Property Dasage k YA Y Notice is hereby given that SAYM & TOSO, INC. are not the insurers hereunder and they shall not be held liable for any loss or damage. 4 For particulars concerning the limitations, conditions and terms of the coverage you are referred to the original Policy or Policies in the possession of the Assured. Dated at San Jose, California Febraarr 18 _19 z8 4 The Undersigned are not the Insurers, however Insurance has been effected by the �. Signer Corporation, through the Underwriters at Lloyds. W. B. BRAN®T & CO., INC., SAYRE , IBy g 4 300 California Street, San Francisco 4, Calif. 3665 West Sixth St., Los Angeles 5, Calif. Equitable Bldg., Portland 4, Ore. g Dexter Horton Bldg., Seattle 4, Wash. First National Bank Bldg., Denver 2, Colo. FOS*424C 104 4.17 083 aIL,YY'., 6c K Y a kgd&A M�qkOmdjwlildw hem been hvAtgd b hswed fdr(bo +�#64 awidt= ate# form in es dik20ad P0147. and Los A i tees Garbage Company P.O. Box 236 Adhww . 101 Main Street Los Altos, California 81 00 00 r This Ownficate Is f= l:ebrua -y . f. 1958 to Until Cancelled '~ to=XCL COVEN= umm or UUMM AM&SUMM 51400500 Owned. Covered Bey Injury 2 5�000 each person 91red_.— l 0, 000 each occurrence )`4 am4>�N i I Property Damage $ 5. _000 each a�urreace GEKM!!L MAttUM Nil M&C—OLT Bodily Injury $ 000 each person Owners; g $ _000 each occurrence Contractors $ 000 aggregate products Contractual' Property Damage $ _000 each occurrence Products $ 000 aggregate products P.levator Nil WORtGIEWS COMFZNSATION Statutory $ each vehicle "! i 1 CARGO $ each occurrence 'Includes Goods or Products Warranty, Written Lease of t•• Lies, Easement Agreement, Municipal Ordinance- Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only unless accompanied by endorsement providing additional Contractual Coverage. DESCRIPTION of OWNED AUTOMOBILES COVERED—(See reverse side for description o), _ tditiceal vehicles) YEAR.MODES.6 TRADE NAME CAPACM OR LENGTH IDENTWICATION N 1. 2. See Attached Fleet 3. It is hereby agreed that upon cancellation or termination of this policy or policies from any cause tho Exchcm9e wiil mail Jpn ( 1 n) days notice in writing thereof to PETER TORMET General Insurance Broker TRUCK INSURANCE EBCHANGE 2007 HEDDING ST. Truck Underwriters AssoclatiaiL Atty. in fcoct . City of Cupertino 1t.X 6-S731 S„itc 104 . Cupertino, San Jose, Calif. . California ' e` FrestdeRa Countersigned_ L, _nsk —m-� 2/10/5$ A/0!/ A1/Yt CA= 77 WI t r ° x* F BGttt,,t vs1l cfts m era+ $1 f� .. .. t� PREMIUM FOR C.AYEa•AGES TVs flra b Collisiontisn City Peas » Yea► Too of •b gi.P® The" y } �ItY $ jib ThAk or Tra1IWI y y IA M B6026H23024 162.90s $ $ 56 Ford y 2 ton M i0240-21485 88.20 y 51 Internatsona s $ $ s 2 ion 38.20 : 3 50 Dod e $ $ ; $ 3 ton M F75N7U50467 162.90 $ 4 57 Ford $ $ ; $ 3 ton M F75N7U50463 162.90 $ 5 J7 Ford $ $ ; $ 21 ton M 8605REH3943 83.20 $ 6 56 Ford $ $ $ 2 ton th T14852051 33.20 $ 7 50 Dodge $ $ $ $ 2 ton A! T3464364 88.20 $ 8 54 Dodge $ $ $ I$ 2 ton 85b23323 88.20 $ 9 52;Dodge $ $ $ $ 212 tc ^ 4 7025R27492 83.20 $ 10 55 Ford F700 $ �$ $ $ Names and Addresses of Mortgagees and the Unit Numbers ®TAB I of the Vehicles to which they appiY Name and Addres of Mortgagee t oest f Mortgag.e Unit No's. Unit iVo's. Feb. 6, 1958 ied f f�VE (not prior to fife» applort �� policy and supersedes and controis anything io the policy contrary heretz but is Thi, endorsement, when countersigned, becomes part of the above otherwise subject to the declarations, ir"1119 agreements, exclus,ctns and umdinons thereof. TRUCK INSURANCGE E Aviation, Atty.A fact , //� By Truck U Countersigned. � his. r p� T.m•A�d Agjfrfif t11.60.67 �1 f _ a s� � E s`rr k t .>r , s x Pago 2 M... RK 8 �} $ r t PREMIUM FOR CCi/6'RAG'E8 :at so* COW • _ iiidTettd¢or Tor T~ fit* R1 PD rft cemskn Zdgdp ��tro O�aTeme f f 21 ton Ord M 87,55 H-1467 88.20 s s s a z 21 ton 55 rprd M F75J6H29295 88.20 f a s a a f a a f a $ a $ f a s a s s t $ $ $ $ S a a $ $ a s a s $ s Names and Addresses ct Mortgagees and the Unit Numbers TOTAL S a $ $ $ of the Vehicles to wh,ch they apply. 282-50 Unit No's. t---ne and Addri= of Mortgagm Unit No's. Name and Address of Mortgagee 's EFFECTIVE boot prior to tints applied tar► on Feb. 6, 1958 This endo;sem*nt, when countersigned, becomes part of the above numbered policy and vjpersed<m and controls anything in the policy contrary herew, but IS otherwise subject to the declarations, insuring agreements, exclusions and canditioru thereof. TRUCK INSURANCE EXCHANGE By Truck Undf-rwriters Association; Atty. m fact 3p Countersigned.. 40 AC'T.X'r.ae 13e.10.67 ®v EMW c, TINENTRL GASUALTY GAMY ® TRANSPORTRTION INSURRNGE OF MPRNY MEMBERS OF THE CONTINENTAL NATIONAL INSURANCE GROUP CHICAC,O, ILLINOIS NOTICE OF CANCELLATION Date_ _-FF X -0,--963 To CITY OF CUPZRTINO CJP iTINO, CALIF. This is notice to you that Policy No CLY 509831 dated 2/6/6- issued to_ LOS ALTOS` GAitBAGE CO. is hereby cancelled as of 12:01 A.M. Standard Time TO C1i!L4n �O, nECOADS atej If the premium for the policy has not been paid, please remit promptly the amount shown below If the premium has been paid, the unearned premium due you, if any: is enclosed you CANCr I-Li, �:'.' 2-6-/63 Amount due is $will be refunded on demand us CO. ==TION This cancellation shall be without prejudice to any claim orig�Wog "r to the effective date DfThis cancellation. Ef IMPORTANT: CALIFORNIA MOTORISTS (PLEASE READ THE OTHER SIDE) (41-3320-C ~ 1 ' INCORPORATED P.O. Box 1191 • LOS ALTOS. CAUFORNIA TO; City of Cupertino April 15, 1963 10321 Sunnyvale - Saratoga Road • Cupertino, California. Q We enclose herewith the following for the account of the Insured: Certificates of Insurance Policy No. NAB[ 555540 - Ins. rance Company of North America Policy No. PGA 4 99 81 - Thet Home Indemnity Company ® Policy No. 30101/301022/30103 - Swett & Crawford ( We have bound the following and have included your interest. Pending issuance of a Policy. please accept this form as a Binder. Eff: Exp: Company: Limit of Liability - Coverage: Property: Insured: 0Los Altos Garbage Co. • 101 First Street Los Altos, California F *is - lO32luna PM -Saratoga Road Cupertino., California dmt do falkwhv dewirdied Policy or motel have been Isaued to Novo+ram-Adder use LOS ALTOS GARBAGE COMPANY 101 First Street Los Altos, California coverbM In accordmce with thtt conditions "reot eighteen vehicles listed on a schedule filed with INA. ' TYPE Of POLICY X• POLICY NUMBER POLICY PERIOD UMITS OF LIABIUTY (a) shmewd WaAMMIr`a Compensation Statutory W.C. i � ' NOT/COVERED �! $ One Accident and Aggregate aisonsle (b) Laity Bodily Injury Premises-Gperations $ Each Person Elevators Ir4ependent Contractors $ Each Accident Products NOT/COVERED Contractual $ Aggregate-Products Property Damage Premises-Operations $ Each Accident Elevators $ Aggregcte-Prey-Oper. Independent Contractors I $ Aggregate-Protective Products $ Aggregate-Products Contractual I + $ Aggregate-Contractual Ise Automobile Liability Bodily Injury Owned Automobiles XX Nam 555540 2 6 6 to $ 10,000. Each Person 2/6/2 $ 20,000. Each Accident Property Damage Owned Automobiles `{ ' r� $ 5,000. Each Accident Subject to Deductible Agre � rant t® PROTECTION AGAINST UNINSURED MOTORIST XX Nam 555540 2//63 to $ 10,000. EACH PERSON 6` 1} $ 20,000. EACH ACCIDMIT ----------------------------------------------------------------------------- °Insurance offoded only for hazards tndicoted by X. It is the intention of the company that in the event of cancelation of the or policies byJhe compor.;, tern (SO) dogs' written notice of such cancelation will be sent to ycu at the addlogg state bane. I SUMISICE M RTti AMERICA tC.�sAa loom(SETS) 1-10-W papaw W U.S.A. hro 1. Insurance Company ®t North America 2/15/63-cima ADOMONA! INTERW ENDORMENT This Endorsement,effective Fonds a part of Policy No. Issued to: 2L6Z63 Nam 555540 LOS ALTOS GARBAGE COMPANY It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability applies to. CITY OF CUPERTINO ..... . . . . .as insured Except as limited in the Definition of "Insured" such insurance as is afforded by the policy for Bodily Injury Liability applies to th? liability of each interest within the Definition of"Insured" for bodily injuries and death of employees of any other interest within such defini- tion and such insurance as is afforded by the policy for Property Damage Liability applies to the liability of each interest within the Defini►iaa of "Insured" with respect to property owned by, rented to, leased to, in charge of,or transported by any other interest within such definition Nothing herein contain vary,alter or exsen provi ' n or condition of the policy other'hon as stated above. Countersigned Aut orized Agent f Presiders- t; Not valid uniess countersigned by a duly authorized agent of the Company u-4m.2%U-16-60 Matac In u.aa. . T1 of MURANIN & ~ k der CWft.*d* polida in tf nix.►of rt3 i NO"of tit Alm► t9teep am"WrAberl x tyr or Tow"I t�atef we in"m at the Mo hwoof, as folbrs: •_� L6lY1lT'f Of UAIMM_ 1 lttovided by Workmn's Eff. Compensation Law State of ►+li! i Eff. Each person $ Each accident S Exp. ( Each accident $ Aggregate $ 4 C—Owams'. Lam' Eff. s rich person $ Each accident S aid TataWa' Liability Exp. Ea,+ accident S t D- OWNIM' OF C MWIFMeasn� Eff. Each person S Each accident S Protective Liawtp Exp. Each accident $ Aggregate $ E- fed Eff. Each person S Each accident $ Games-al Liability Exp. Each accident $ Aggregate $ i I F—Ru hmobile Liabifity (1) Owned Vehicles (2? Hired Vehicles Eff. Each person $ Each accident S i Ex( Each 1-r.,dcnt to Other Non-owned Vehicles G--Co:sp+rhensive Eff. Each person $ Nil Each accident S Nil L isA�cmobile Exp. Each accident $ 2 General ; Eff. 2/6/63 Each person f Z®tie Eaeh accident $ Nil P'A 4 81 Exp. 2/6/64 i1 Each accident $ 2090W• I Aggregate $ 259WO- Aggregate $ Nil Eff. Each person $ Each accident $ ? General-Automobile I Exp. Each accident $ Aggregate S Aggregate $ and comer, in accordance with the policy terms, Certificate issued to City of Capertine at 10321 S le-Baratogaa Road , ftperti=, C&lifQ=I& In the event of any material change in or cancelation of said policies the undersigned company will notify the party to whom this cerrlj�-_ate is issued of such change or cancel/a+�tniotnn.. ..................... iemmsoxt i A2MWN Dated .z. Fobruen, 69 19wQ63 - GU6"9a 'Ed.5-541 UftAFONM►OINTIMO i SUML\'DIV. i tMMF#CAT'E OF U45URANCE - ia3 to CM10r."Ot policies in the name of am $Now t� Qfiwneof frmaaod) (SN"NO ;Cite or T*wri3 (state) ' aft in favor aatt Ow data Iherrof, as follows: /06�CY LIMITS OF UAifLIT'ir ` Kl OF POLICY OOLtCT MO. POLICY BONYbdw! Pip! Provided by Workmen's "s Eff. Compensation Law State of Nil . . } E.P. M € Eff. Each person $ Each accident $ �, �' Exp. Each accident $ Aggregate $ C--•40awsW, teak' — Eff. Etch person $ Each accident $ y and Tawaaets' ' " Exp Each accident $ D—Owsaaaas' or CaN+actarsA Eff. Each person $ i Each accident $ Pretsetice Lialicty y Exp. Each accident $ Aggregate $ 6--St Eff. Each person $ j Each accident $ General Liability Exp. ? Each accident $ Aggregate $ F—Aufonwolile Liability (1) Owned Vehicles (2) Mired Vehicles off. Each person $ Each accident $ FYp Each ,.:cident e i (3) Other Ncn-owned i ` Vehicles G--Comprehensive Eff. Each person $ Each accident S Ma t Liability i (1) Automobile Exp. Each accident $ (2) General �� Eff 4 01 . 6 63 Each person $ 10® a Each accident $ NU Exp. I�66®� Eacfi accident $ 1 Aggregate $ e71) e i Aggregate $ i Eff Each person $ Each accident $ 3) General-Automoba;ej Exp Fach accident $ I Aggregate $ I Aggregate $ and cover, in accordance with the policy terms, Certificate issued to 011W Or l� at 103 i1U4s $t" m s . In the event of any material change in or cancelation of said policies the undersigned company will notify the party to whom this cert;fcate is issued of such change or cancelation.W - �Il Dated robinow 69 11963 Gt71i469a Ed.5.54) -1104..-TING s sj.n.�Ws U10hMe OWL �: . t 6 in.'fie Id..`0b e 0 was amp Boman Sw oboe it.a SM.<Is� tfi Somme aft. AOL c C . � tsfl SiBATIM WAIN. SAN t m=.Cum. A,Lc- OF U48URANCE cf o CITY OF CUPWINO 10321 SUN M ALE-SARATOGA ROAD CUPERTINO , CALMNIVIA THIS IS TO CERTIFY as to the e:iomee of insurance with Underwriters at Uoyd's, London and/or Insurance Companies,as described be6w: N rr•°Anur+ed LOS ALTOS GARBAGE COMPANY Address of Assured 101 FIRST STREZT, LOS ALTOS, CALIFORNIA I.wation of Risk Kind of Insure THIRD PARTY PROPERTY DAMAGE INCLUDING AUTOMOBILE Certificate No. 30101 period frog, FEBRUARY 6, 1963 to FEBRUARY 6, 1964 Limit.: Bodily Injure--each person I NIL each accident 3 NIL aggregate S NIL O Property Damage—each .►dCt 50,000.00 SUBJECT TO anerc ate$ 50,000.00 5,000.00 DEDUCTIBLE AUTOMOBILE 250.00 DEDUCTIBLE OTHER TfiA.h AUTOMOBILE Kind of Insurance: EXCESS BODILY INJURY LIABILITY Certificate No. 30102 period from FEBRUARY 6, 1963 tf, PEBRUARY 6, 1964 Limits: Rodilyinjury— paauudl $40,000/30,000 EXCESS OF $1.0,000120,000. �c tdrlx Kind of Insurance: EXCESS BODILY INJURY AND PROPERTY DAMAGE LIABILITY Certificate No. 30103 period from FEBRUARY 6, 1963 to FEBRUARY 6, 1964 THE DIFFERENCE BET V $500,000 SOMBINED SINGLE LIMIT BODILY INJURY & PROPERTY DAMA I'in°ts` AND UNDERLYING OF $50,000/50,00p $ODILY INJURY & $50,000/50,000 PROPERTY DAMAGE Should the above mentioned Certificate be cancelled, assigned or changed by the undersigned in such manmT as to affect this Certificate, we wr71 endeavor to give written notice to the above named holder of this Certificate; but failure to give, sw.h notice shall impose no obligation or liability of any kind upon the unders*w& Dated at SAN FRANCISCO, CALIFORNIA this 25TH d+q Of FEBRUARY 1963 • J l. sa SC A SUM h1alw is U.S.& n'w i ` are .. ate�ah■e. OR per t AMW —00 11r.&saw ate. nw r WAk. tetet. tOman OUT=tom. ,e . VANOMMW Q6r- CIE Will OF NM THIS iS TO CERTIFY as to the existence of insurance with Underw tens at IJoyd's, London and/or Insurance CAmpanim as described below: Name of Aamred US AZZU Address of Assured 101 FEW SUM, 1m AEMS Location of Risk Kind of Insurance: TEM TAB PROPEWT DANA= MCLUMM AURCMIW Certificate No. 30101 period fro,FMRUW 6, 1%3 to FZBMWW 6, 19" Limits: Bodily Injury—each person S M each accident$ CIE. aggregate S EM Property Damage— 50,000.00 BELA= TO aggregate S 50.000.00 5,000.00 10MUCTULZ AUZQMlmn 250.00 DZDMIBIX Kind of Insurance: UT DLqW LIMILI +Y Certificate No. 30102 period from FBBWMY 6, 1963 to FUSBARY 6, 19" Linnits: t3odily Injury W,W /300W ZWW QV $10,WO/204W. IL Kind of Insurance: OEM BOOM INART AND LI+SE 6VT Certificate No. 30103 period from VENOM 6, 1963 tr,7WINUM 6, 13" TU Limits: ®n on 11 W00011 "noneY fie Am a sen®senti fir "mot Should the above merntionied Certificate he cancelled, assigned or changed by the mAersigned in such manner as to affect this Certificate, we will endeavor to give written notice to the above named bolder of this Certificate; but failure to give such notice shall impose no obligation or liability of any kind upon the undersigned. Dated at anVDAYSIew this 2= day of & to s�ah so Pelmd is us.& IfY SURETY BONDS INSURANCE 129 P11EMONT AVENUE MAIuNa ADDSESS: TELEPMON[948.2220 P.A.am 1191 LOS ALTOS. CALIFORNIA August 16, 1963 City of Cupertino 10321 Sunnyvale - Saratoga Road Cupertino, Calfornia Re: Los Altos Garbage Co. Gentlemen: We enclose herewith for your file the Bond which you requested from :cos Altos Garbage Company. Yours very truly, William B. Clayton WBC:b . c�: .`� '$; '' +"„C,.- ";�:� X�'d•5f' .�.,��,c^?.Arsmccesr�?.Fr;7 - r�,r "x01T'T' q+h a A 2 i- INSURANCE COMPANY OF NORTHAMERICA MILADEL PHIA 7 U y fD3nZT{7i ''"zcI i�'zTM ...._ .�.it_ ? 's )7 -� —� , s+y,rr:!''.�.: �. ....y- r. ,. �. yL ��t -1 J r n • .. - 1. (_ \ _> STATE OF CALIFORNIA, l ss. County of On this i`<:. day of s..�.=�'_ _ _. _ in the year one thousand nine hundred and before me.. r�ni'z3ytir.. C. 'l.l " ` a. 4 �h...-...�.i.:. , a Notary Public in and for the _. _ .._ County of ` a: ail a _ personalty appeared known to me to be the person whose name 1 5 subscribed to the within instrument as the Attorney -in-fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name of the Insurance Company of North America thereto as principal, and own name , as Attorney -in-fact. Notary PttLEi;in and for the ... oasm9 of .��-.�.clt l`-.a...C.1.4,r a Saxe of cafiforaia 8aS ttS' — 2-1 61 Prinw in u.sA �MD IT u IN S-TURA CE COMPANY OF NoRTH AMERICA MR).AEJELP IA B u i'47i D .�,i � s-.�✓✓ Y :..��h.7 ..YtL.t• .:t -,C.y P. ��„_:;� .'.�.' 1'1 t "^TM'�c-�•rF"� r^� =� 77 �'. :2;:i-:�...'l .y '.6 �1—Ll�.''w�'.y���. •,.�.mom='V n7T *�(}'J'!f.3 aka rr;J�^ -r'. '. .... .,. '_ ..., _ ,...; .... - i .. ... ,. -..r•. .. ., ty r` a 211 oe d AUK 19 9n�� '"� pOv s•?♦f r-190 iti U 6 A r Rat " 46 Owes is hereby glviftAw the C* Council of the M of Ctfo has set the ter of aZOO P.M. on Monday the 15th day of March, 1965,In the Board Room of the Cuyertim Elemen- tary School District,10300'Vista Drive,Cupertino,as the time and Place for public hearing on the application of Los AHos•Cuper- tino Garbage Company,a copy of wMeb application is on file at the office of theCityCierk,10321 So. SaratogatSimgyvale Road, Cupertino,Calif.Saldalrplication rests that the City Council take the following action: Renew the franchise with theCityofCkp- erUnD with an increase in the basic rate from $1.40 to $1.75. All interested persons may by heard at said time and place. City of Cupertino 46 LEGAL NOTICE NOME OF HEARING BEFORF THE CITY COUNCIL Notice- is hereby given that th- City Crju:'*ril of th., City Cupertino I-,,s sf,t the hour P:(O P.M. )n Monday th, I'l". f'! Marc%, i3S in tf., hr"ir-I (Alportino ., S(I..rj,,' District, 10,3 1 Vist- Dri*--, ( -,I,, rtmt,, as t1j,tiffl, ',I: : ' 'r hoart,ng ,:I t", P. Lawrence K. Martin City Clerk Publ: March 3, 1965 1;8v5 Q IFU CITY OF PERTIN CALIFORNIA o ° 10321 Sanftga-5yveie Rwd Cupedhik Cafffbnda 95014 November 5, 1965 TO. THE HONORABLE MAYOR AND M09ERS OF THE CITr COUNCIL Some months ago the City discussed with the Los Altos Garbage Cmpanj► their request for a new garbage con- tract. Included In the contract was to be a rate increase. The City Council, after careful review of the matter, agreed with Los Altos Garbage that a contract was in order together with a rate increase. This contract was to become effective at the expiration of the present one, which terminates on November 15s 1965. It was the Council's direction that a contract be prepared stipulating the following conditions: 1. The contract be for ten years with an option for five years; 2. That the rates be increased from $1.40 to $1.75. We have prepared a new contract along the line ordered by the Council. This contract has been prepared over the past several months by taking various portions of several contracts and condensing them into the one that is attached. We feel that this contract gives more body and explains more thoroughly in detail ghat the service shall be to the customer. The City Attorney has reviewed the contract and has stipulated to its legality. Los Altos Gartage Company has reviewed it and finds no objection. However, there may be some alterations or amend- ments ghat the Council wishes to have in it. I presume that you will avant to discuss this at the meeting of November 15. Respectfully submitted, -- Philip W. ` StorO City Manager PWS:fr Encl. cc : Los altos Garbage Co. City Attorney City Clerk ° ' Engineering Dept. - 1 - SURETY 80"09 INSURANCE 129 FREMONT AVENUE MAILING ADORK": TELizPmonz 9AR--2220 P- O. DRAWER AC LOS ALTOS. CALIFORNIA 94022 may 9, 1966 City of Cupertino 10321 Sunnyvale - Saratoga Road Cupertino, California Re: Los Altos Garbage Company Bond No. 15862- 12-421-65 Gentlemen: We enclose herewith for your file the Continuation Certificate on the above captioned bond. Yours very truly, L WIA�ld-k-kc I a y o n WBC.-bi UNrrED STATIO F MEL GU COMPANY iRW + FILE THIS CERTIFICATE BA M YLAND ®owo Amott^IT :___, WITH YOUR BOND CONTINUA ERTIFICATE In considvation of an agreed premium. United States Fidelity And Guaranty Compar.y hereby continues t z force, for the period described, the Bond designated below, subject to all the agreements, limitations and conditions Hereof and provided that the liability under said Bond and ail continuations thereof shall not be cumulative UNITED A ES FIDEUT GUARANTY CO1�FA.N1' ' Signed, sealed and dated April 2�. 19,_6 j c is AGENT CODS--INF CODE•SEPIA '0,-V., -... - -r�-r+�- -.q ��V' FGiINCIPA- Alir, suDp ESS I BOND NUMBER r � r AGENT iall.in flc NAME AND ADDRESS OBLIGEE AN: q';CRES5 " -.- C.it of ^u- e rti F R OV, O PREMIUM PERIOD F.S.1319-60 <-•i - - �sa"4- ilfti�S1. 't s i�"iYi�t�t..F A w 4, Y: ,' .. �.x.,• S ar,s, fG$'�T'7". R,�1�T1�� F'.: n F- .. r: �. ..tee..};.�;:. -• :, �.>. . yiikin, JNMD STATES FIDE UARANTY COMM" l BALTI YL.AND Name and Address To Whom Issued This is to certify that the Policies CERTIFICATE CITY OF CUPEM90 limed below, sublect to their ] OF CUPM3309 CALIF IA terms. conditions and extusiona. 1116URANCE have been issued by this Coat- ,..� Pony to the Insured named below: Homed Insured and Address Los Altos Gwbage Company 101 First Street, Loa Altos, California > lnsar Polled Pam UWts of Uumlity Number Trem Bear hill Property Workmen's Compensation 1 j Statutory Each Person Employers' Liability $ OOJ )Each Accident $ }Medical—Each PersonIT Each Person_ r $ 300 000 lEach Accident $ �0 } C npreher,s ve Genera! 10C 4+3609 I10-27-66/67 1 4A49regato Operations $ 104 Protective $ 1010_ - S 300^000 'Aggregate Products : S 100 i ggregate Contractual) S A a:m:hr:e Liahility 1CC 44609 10-27-66/67 $ 140 000 ,Each Person S 300 000 lE ch Accadert $ $ C00 Each Perscn $ .00O Each Accide-n• S W. end. -:is .3r:1 $ 'OC Each Persia - t 00r Each Accident $ S .000 Each Perscn S 000 Each Accdent $ i.:7c,.`y _ g 000 'Aggregate $ _ �`E� i•'�i 1 � l .'''rs i Description and locatloa of operations and automobiles covered _l isi r �j s: y' . UNITED STATES FIDELITY AND GUARANTY COMPANY will make every effo notify the holder of :r.s Certificate of any material change in or cancellation of these policies, but &HAADUM do sr- Date $y — — -- JKi by 11-23-66 'F Gen.221 Ito-i i! uNrrED sTATi* FiDELrff GUARAOY COMPANY RILIC 1N111 CERTIFICATE //� BAL.TIM YLAND BOND AMOUNT S.5/,.000.00�_ NITM YOUR 6CNG CON 1INUA {CERTIFICATE In consideration or an agreed premium, United States Fidelity And Guaranty Company hereby continues in force, for the period f described. t"Bond designated below. subject to all the agreements, limitations and conditions thereof and provided that the liability (iI under said Bond and all continuations thereof shall not be cumulative UNITED A ST TES FIDELITY AND GUARANTY COMPANY Signed sealed and dated- prlI 1, 19� Y Lucille E. Ketcham AGENT COC'IE-LINE CO�Z i Sct —.!''—. PP �+O' PRIr.0 IP PL 4ND ♦CC�+ESS "--_�� � ( BONG NUMBER 42 62 5 2 12--42; 65-- _ _ X T t I -u "OS ALTOS GARBAGE COMPANY AGENT .��5�^ T TpT pp t�� ��7 ? tn� +.AME n•,;;y ADDRESS HALLIN a BOOKWk LTER �P per, CITY OF CUPERTINO FROM ?D PREMIUM PERIOD _ _-- ---- 6-1- -- ,_-_ 6-1-68 -- -- -_- _ =_ :_,.uss.:_•:v...�._� v3s�artf}z. . ....�J�,3 � :it, 1/',�ru�t �• h�i;ant�ii��^'�/t itt;f ;�i::L'ssii�let:�:.� �lr.::t..i.: :.,. u�,. ,,,,-�i 4 SURETY BOND* INaURANCE --Mooroeialm P.0oatompowtoq �• s 129 FREMONT AVENUE MAILIk4a ADDasa®: +-Lw,"*ue 948.2220 P. O. DRAWER AC LOS ALTOS, CAUFORNIA 94022 may 3, 1967 City of Cupertino 18321 Sunnyvale - Saratoga Rd. Cupertino, Calif. Re: Los Altos Garbage Co. Bond No. 15862-12-421-65 Gentlemen: We enclose herewith for your file the Continuation Certificate on the above captioned Bond. Yours, very truly, Wi l l iam B. C.'layton WBC/d Encl . MAY - 1QF�? h t _ .. _._.�.__ __ f' t_..... _ ... tiT.. ^ �.�.r .�gtj.1 h -•rr : _:..;.7...9 715--7:-Sr� .+rs .�!u ^ �; 1 ,tom UNITED STATES F Is�E UARANTY COMPANY BAULn AND Name azaci Address To Whan: Issued -- 1 This is to certify that the poiiciea CERTIFICATE CITY OF CU PE R T I NO fisted below, subiect to their 1 OF C U P E R T I N O, CALIFORNIA terms, conditions and exclusions � INSURANCE have been issued by this Corn- ! party to the Insured named below: Named Insured and A33rFss i. - LOS ALTOS GARBAGE COMPANY 101 FIRST STREET C.AL1_F0$fll1-A_ Type of I mmcmee Policy >O umib o'1-iobflity Nuzilm Tee® eomtT iniTarT Props"sae r » workmen's Compensc%sn Statutory $ 000 Each Person f Employers' Liac'ih:p 3 000 ,Each Accd©^t $ ;Me dt-:ai--Each Person " Y !ram Ei vQ----c00 Each rcrs. r. I $ 000 Eu h Accident _$ _Q _ C re:ensive Ge.._.-. Aycte^c e a;ions ff- Y 1CC 85661 10-27-67/6Et s y �"' _ $ 100 ! lAggregae c-c;ecttve I $ 100/1 :. --- !-- s — $3l .000 AYirej. lAq-g egate n'.actual $ t I 3 E ((}} OM 'E h rcr 1CC a56r_i;l l_0?-27_67/6� $3LC 000 Each F - S Ion - - 3 P_: r ., 7--ch j T - 000 •Aye:eJc.z .. $ -.. r : Description and location of operations and automobiles covered: (iiK -s r.;. ii c a, UNITED STATES FIDELITY .'ND "ARAP TY COMPANY will n k' e try effort to notify tr- holder / Vz G I Certlf.cate of any material charge :__ ,. ca-.vvll3iicr: of 'these policies, but m �,no jesporisibflity for failure to d- ° Date-- _ By ! f .. .. .. ...:...�..._�..1�L�:'� .-�.i..,v !. .... _..`...f 7- Gen. 221 'lo-`2; WTV 11967 UNIir,7ED STATES TIDELITY AND GUARANT COMPANY 4r FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. BALTIMORE, MARYLAND Name and Address To Whom Issued. This is to certify that the policies CERTIFICATE hated helow,subject to their term s CITY OF CUPER,rINO conditions and ezciusiona, hose OF + CUPERT INOp CALIFORNIA been issued by the company des- INSURANCE I ignated-below to the Insured named blow Named Insured and Address LOS ALTOS GAR88GE COMANY 101 FIRST ST. LOS ALTOS CALIFORNIA Policy Policy Limits of Liability Type of Insurance Policy Term Bodily Injury Mverty Dassups — p Workmen's Compensation _ Statutory yic $ .000 Each Person Employers' Lability $ 000 Each Accident $ Medical-Each Person { Comprehensive Automobile 1 C C 16 6 2 71 100 000 Each Peracn 1 Liability �$ 00 000 Each Occurrence $ 100, >> Comprehensive General $ 100 ,000 Each Person Liability Is 300 000 Each Occurrence $ 100. r — 1cc166271 10a-27-68/6 Aggregaleoperot:one $ 100. GO Cy} (�1 Including Blanket 'Aggregate Protective~$ 10, LJConfractualLiability $ 300 O00 Aggregate Completed '$ I iI 0 o ram,. Operations-Products nManufacturers'and $ 0001Each Person L r,P UConfractors'Liability $ 000 Each Occurrence CO+= EOwners',Landlords'and Aggregate Tenants'Lability t 000 Each Person Completed Operations and Products Lability $ 000 Each Occurrence_ 5 --- ; 000 Aggregate $ �a Contractual Lability $ 000 Each Person $ .000 Each Occurrence $ Aggregate 00C Each Occurrence C mhined Pers. C: i0 e,ensrve excess i injury an^ ln-3ernnry 3 000 Agyr,,yote r ,oe:ty Dar Description and location of operations cod tomohV! red' r F�Ei�F� 1 _7 _ The Company designated below will make every effort to no '' }� t o this Certificate of any matey change in or cancellation of these policies, but assume s no respa failure to do so. = + ❑UNITED STATES FIDELITY AND GUARANTY COMPANY f ❑FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INKALLIN &'BOOKWALTER ` Date By711 Gen.348(1-68) 4Y► ! YI+�I`IDM6��IWELMT �#aifi0T Y CO FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. i BALTIMORE; MARYLAND ! r Nuaw and Address To VOwm Issaed Tbis fn to certify &,ot the pobieies CERTIFICATE bfsted below,st.*aet to their tseum. OF CITY OF CUPERTI NO aoaruii�. cad .s,-1a . { 1 CUPERTINO CALIFORNIA bomissuedby the Company des- IN s SURANCE igaated below to the lnsured nas-ed t below. I lwaed latvred czd Address LOS ALIT SS aRSAGE COMPANY _ �A� �sorrs®•®ms 101 FIRST ST e LQS ! Policy P1sliey Untita of Liability Typ+o!Inseeranes ! t Number Term Bodily Injury Fiopsaty Damage i Workmen's Compensation Statutory ' S 000 Each Parson Employers' Liability S 000 Each Accident �s S laical.Each Person ^� Comprehensive Automobile $ 100 °Eaeb Person j Liability ICC 265,964 s 0 0 . .00O Each Occurrence i5 100, 000 I Comprehensive General is 100 COO Person f Liability S 300 Each Occurrence 'S 10 i ICC ?6 5 9 6 4 l 10/2 7/6 9/7 0 i Aggregate Operations'S 100 e-x_ - 1 lncludmq Blantet I Aggregate Protective 'S r �' LJ Contractual Liability 1 Q 0 • _ $ 300 .000 Aggregate Completed $ 100 "c • Operations-Products i �! ❑Manufacturers'.zed $ noo EFe—anch Fe—an Contr actors'Liabihty } c - $ 0001Each Occurrence !F Owners',Landlords and I Aggregate ——$ Tenants'Lability ---i } � 000'Each Person. Completed Operations and — --- -- _ Products Lability h $ 000 Each Occurrence $ 000 Aggregate 3 Contractual Lo'nhiy i $ 00o'Each Person $ 000'Each Occurrence - $ lAgg:egate ' Occurrence G.I I x 'JO7 {igg;Aga', - Description and location of operations and automobiles covored: The Company designated below will make every effort to notify the holder of this:Certificate`-of any ma:e-.- _ ! change in or cancellation of these policies, but assumes no responsibility for failure to do so. i= ®UNITED STATES FIDELITY AND GUARANTY COMPANY El FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, II LLIN & #oMVALT0 aN Date By Gen,.348 1-68) '•:'re as,• UNNED smo FiDKLrryMD GUARAVY COMPANY /� { FILE THIS CERTIFICATE BALTINI YLAND BOND AMOUNT 5�-.-0 t�0.00 ' WITH YOUR BOND CONTINUAi ! I `64 CERTIFICATE In consideration of an agreed premium, United States Fidelity And Guaranty Company hereby continues in force. tot the period described, the Bond designated below, subject to all the agree:derts, limitations and conditions thereof and provided that the lisb4hry under said Bond and all continuations thereof shall not be cumulative. �4 Signed sealed and dated L^j 1 1 _ig UNITE7STES FIDIEUTY AND GUARANTY COWAINY j Lucille E. Ketcham ! AGENT CDDE Lu.E CODE-SERIAL NO YR. - -PRI NC IG]L. aN0 Wit Pt55 BOND NUMBER �SGrjEi2-12-4c��1�6tj 1� r ---'— LOS ALTOS �.ARBAGE COMPAN f `j AGENT HALLIN & BOOKWALTER NAME AND ADDRESS GBLIGEE aND ADDRESS -.-` caoM TO CITY OF CUPERTINO � PREMIUM PERIOD --- - F.S. 13 9.61) Law i t.:. -•-.:t;rigl-�`^T-� ::'qJ ..K :-.�_.,.fir, _ - - --:g�� -,— - 'llL:l i/litl 21\\ IVWI/11 \1�i11Fb i�B/t 1('xtt �l1JJi t't 5 j ''cti� '}ri1\�lllz�s\�/Il}r?11ti��/ir#iftit\\�ltt} _ ���j iitillY�llflLi.� "ltr?�ll i?.: ili$fltlfiRi�i� OIs�: Cnxwos: ses-�e3� . LOS ALTOS GARBAGE CO. V tot FORT STRIMT LOS ALTOS. CALIFORNIA �►, March 4, 1968 The Honorable Mayor and City Council City of Cupertino Cupertino, California Gentlemen: I was contacted by Mr. William Benevich of the City of Cupertino in regards to some individual complaints. I have contacted these individuals and am in the process of eliminating their complaints. Within forty-five days of receipt of this letter our company will have mailed to all residents and patrons of the Cupertino-Los Altos Garbage Co. a pamphlet which will explain in detail the services provided, the bases for the charges and the individual to be contacted in case of discrepancies. Subsequent to Mr. William Benevich contacting me our company has again personally instructed all of our employees to carry out in detail all of the requirements of our contract with the City . I. would certainly appreciate the City contacting me as soon as any discrepancies are voiced by patrons of our company in order that they might be contacted and the problem eliminated. Sincerely yours, John DeMartini May 23, 1968 k TO: Philip W. Storm, City Manager FROM: Wm. E. Ryder, City Clerk Finance Director SUBJECT: aarbage Ordinance Subsequent to complaints and discussions aired in open Council Meetings on the applicability of the existing Garbage Ordinance I reviewed Ordinances 007 and 007 (a) and compared them with the contract between the City and the Los Altos Garbage Company. There is a definite conflict between Viem. The Ordinance was enacted in November 1955, and amended as to rates only in November 19 C,. The contract under which we are now operating was executed in November 15, 1965 but, conflicts notwithstanding the enabling ordinace remained unchanged. I am submitting a proposed ordinance to remedy the situa- tion. This was drawn after having reviewed similar o»:'inance^ from 7 surrounding cities bait with the rrimal'7 purrose of mak- ing it an "enabling" one under which a contracc, franchise or license may c;e is3ue,!. (You will note tha` --uch miy be ex- clusive cr n�r,-excl�us ve '.-,it r9 tif'es .s::a ��r�rles .)n .i.n force x the present one) . Likewise, rates may be set, by contract or resolution of the Coancii and the rules and regulata.ons for operation and enforcement are administrative rather t :Fn lagislatIve. Nz� ral?f� ii1� l'13 no,- been evLe.ed by y'/ Y1L i /`��✓ ,a as yet . .k !L JENSEN, SWISHER. MILLER & DALE CERT-F!r-o PUBLIC ACCOUNTANTS 265 MCF,;01AN AVENUE 5AN JOSE, CA`JrOgNIA 09120 STEVEN -,ELZPHONE FRED S. SWIG-Hr-R. C.P,^. AVM. C. MILLER. JR.. C.P.A. (406) 207-17615 JAMES M. DALE. C.F2.A- THOMAS F. DOXLEIR, C.P.A. May 1, 1969 Los AILOS C;d--bdgC CO- 101 Fii:SL Strut Los Altos, California Genclemen: City c'- VI 0 Z OIL. -c CO., L.rn d r —L J-�Lfd 3'l L-�'L: Cu'-rcnl: --o--cy in MO[l[t., —.6 --L T c S 0 y_- L V0-U:7,,:: Oi Zc'Ute Z.--�a is L.—L: ?J,. Iis Altos Garha-e Co. -2- Apri.1 30, 1969 d maintain :areful control over this situation. If additional volume does zoc develop, you would take immediate corrective action. If you have any cuestions regarding the enclosed information, please advise. Very truly yours, JENSEN, SWISHER, MILLER & DALE By: S J:nm r Enclosures r' r CO. .04 A—CS Sl,-:xARY OF EFFECT OF ";'.O;-'OS i:D RATE -.NCREASE CITY OF CUPERTINO ,iASE PERIOD OCTOBER Is 1968 TLiiu mAiCH 31, 1969 Prior to Es ti-,na tec After Proposed Eftecc Of P r op 0 S c-,6 increase Increase increase RE;,V 36, 14' $14, i`12 52,253 o-,--n c r c a 4 7, X)3 17,724 65,627 EX.D-z N S 7, 7 on L a i n ur., L r Ln -cjs S) ------- LOS i..-DS Gf',.1.rAGE CO. SCHEDULZ l BASIC DATA USED FOR COST COXPUTATIOf CITY OF CUPERTINO PERIOD -- OCT0BER 1, 1968 TliRU t-%RCH 31, 1969 EQUIPMENT USAGE: a Labor Days Per No. of For Six Cost Cost. Equipment Weer; in Men Man Days Mo . Per :lan Si Rr. # Cupertino Per Truck Per Week X26____ 'Meeks Per Day Monr.ns 14 B 4 3 12 312 9 BB 2 3z 7 182 7 A 2 3 5 1.56 6 S 4 3 12 312 13 C 5 1 5 130 18 X 5 1 5 130 47 1,222 $39.54 $L� LABOR COST ?E IMAM PER DAY: Base :y $-. . Compc.i:auion insurance $8.05 Per $10U 2. Pay_o1_ rai--es 8.700`7 - ;e Insurance 23. a e_ 'monLI Pain sic., li�ave G 6" -s . _— P ai. .2��1�da�S d,-6 Paic vjcaticr. 2 week:., .3 l i 2 U ✓ See acc:-)anving letter. \ ' LO5 ALTO GARBAGE CO. SC DU 12 Id< BASIC DATA USED FO« COST COMPUTATION CITY OF CUPERTINO /\ . P i D - Oct 3 1, 1968 i3Rt kc3 31, 1969 g£PREC V IIO& COMPUTATION: �9 Trucks : / 4 traces s, s3, k, s 024,035 ea. \ ` Per ce&E use in Cupertino G60% 157y£ \ 2 trucks C & & @25,000 ca. 5",2:T \ cost o£ Lrucas used is @e£=£=o $ 2yd \ De=eciazion - 5 yes. - straight line (2 I ) �2 1 Coe»aine:a: beszc2,=1o= odor 3 nit 2=: 0e } S Cy lG3 ' 15.73 12,2r.55 i 5 Cv :& 195.3E 2,73},20 GC 1l :63.7) 2.021.23 Dee=coca=£an - 3 yrs. s£s c aS`?2 i e2 3 2 z s@ .S5 2 w: Z:). codas �,zs ae. u2 2:a . . 1} 23z2 « 23 23 x } « 23 z .3G 9 2 5 C--/ 3 23 23 z 3 s 26 s .33 2 : 7 Z5 2 26 23 s 2 z 26 s .50 6 33 § 26 33 s & z 26 z . 26 » . :: z 26 IS 43C2 !l 26 45 z li z 26 z .50 : see accoz2anytay letter. ' L S ALTOS c� G3 CO. s ± 3. _ BASIC DATA USED FOR COST CG±eT TI K \ } CITY OF CUPERTINO . PERIOD OC OBER 1, 1963 TO MARCH, 31, 1969 \ LICENSE ES: \\ Ann al Per cent S� :\ Equipment License Lo Mon s . at§§ Z zees Cupertino at 574 q §59 / 9 33 472 189 / 7 k 574 &O 230 \ 6 s 3:2 ° 249 13 C 424 :Ca w24 / IS z 379 100 379 \ INSIL;,yes Q5:.73 x ___RSCK 2E 23 a: i & u c'r 3 1 75 2e= mo. & 6 zo. @ 6G% 2 t==c2s 2a= mo. z 6 =o. r El - .2:222 257 2. 22x 2 cK 2 { @27c 22 e x 717 s 3 z .27 z 2 737 ; 2 s 727 \ 6 z .27 x.d«a:z Cans= %2a, : :3 -or Paz :izas 2. =zzza 2a:: gez azic (55) % :23 &31«3S = )13,752 6 607 2 ssi:: 2 3,436 G =o==£; ( ) 7 } see accczga I23 le=:ez. 11 S ABIOS GARi Sz c0. SCHEDULE" & \,:y wti%L SIS O2 ADDITTIO�t :VGA E PROPOSED RA !SOR SE f^ CITY OF C££ I: «` PERIOD OCT BER 1, 1968 THR E MARCIi 31, 1969 £at£=£cam Actual A Damn 0£ \� aace:a=s Esti G=eE aeve e £a= s£3 Per cent ;la seE on / xoc=2 0£ e£oposaE y !Et:E: 2e=£ Increase in c=.se si36=Eial )38, 1Li 37 )14,£32 \ co e£cial /7,9 3 57 122226 SSA&&2 OF PROPOSED ]PER CENT OF IwC&L SE: �t�s£aest£al b er seek) ; } No. o£ 2a= cast Ca as £ .x Increase o£ 2zc=:rzo 2 G:.75 52.E ).Ga a7.:«2 7 3 2.50 3.40 36.0- C a:cial (: 7£c2 u per saea) : £a= z:ea Size o£ . zs:2e Con:z in.e= i 66 _ .e c=erse 6.00 I3333.GO 2� 6 c2 JS.a) 21.00 I6.30 -,.-- ll 6 cY 32.GQ S5.03 23,30 71.67 C ercial (2 2i02z0s 2e= seek) : :\C2 22.5D 27.5a 3,3a 25.52 a 23 3§.G3 2 <.75 §.75 6 Cz 36,33 7 ,»5 I6.35 25,CC a C 54.3a 3: .00 26.JG &a.13 See a zD i y.nly£=G :erne=. +� VIE Ato OFrtcr:948-4423 <` GARAGZt 968-4983 .. ,. „ k� - V LOS s l �l ALTO 3 103A R� BAG E U0 . C, ;r,W I44.�t 101 FIRST STREET try tt��,c LOS ALTOS, CALIFORNIA 94022 April 10, 1969 Mr. Phillip Story„ City anger City of Cupertino Cupertino, California Dear ;Ir. Szorm: Re: Contract fo_ the Collection and Transportation of Refus-, City of Cupertino its you are no doubt aware, our co::pany ;,as De=gin ca,;6nt up in tn:: c:;.rrant #$wage—c0 "t spiral" ch&t has been -oin- on in our country. ne have not esca;,e a this increase. e have boon operating uncer present rate sc..ed ile in effect iii the City 01" Cl.:piartiGo s1:.Cit .\oV%aber 15, 1955. in review or cak7_ present rate structure_', we this co the City of Cupertino on Xlarch 15, 1965. This rate on our cosc,� in t:te ye,:.r 1964. i rai.t sctieel- L.i tiri $l:c:=d zo c',le bound: Jeca,::_? ::ffectivo on NoVL-,Der 15, 196 . .tie nave prepared the enclose- o :educe YeTlecti a co'.iparative -.auor and equi,).-.:nz cost for the year 1964 co the current 1969 cost. .e schedule reflects per cent of increase in labor and, equip-ment as follows: Per Cent of Increase. Labor 60.73 Equip-men:: 69.56 On review of our total operating Costs, labor represents 53.57, of t o total and equipment 23.5%, the two items being a total of 77f> of our costs. Sr. P'c,illi p Stoi-. —L— April 10, 1969 7de nave used our best efforts in acquiring the latest and best equipment in an to overcome our increasing cost. We have now arrived at a point where there is no oL'i,,cr recourse but to request an increase in the rates of collection. ?:.is increase is necessary not only to cover our increase in operating cost as reflcctec in the enclosed schedule, but it must be adec;uate to allow us to re lain in a co—m-peti tive position to acquire and retain competent personnel that will en bl,? u; to c.Dnzinue the qua--ity of service that we have provided to the City of CuperL-ino to daze. re �Y2 conLinuin- our ConcnntraLcd e-fforts to operate in the maost efficient orc-a Lo --aintain --ne iJ lest posSibia cost to the consumier. Cost. reducing j:rD?t�;ia SUC; as Lral.SfeY Sta:LDi.S in various locations to date _lave been "r•eiected G t. is i C. nC cur cnt ca:E t.pl rl%.L ii.c:i ti i rt: iS bein-, done by i.i`..%.. Corp. .. r0-1,;L_1.: CC i 1nCinL £ z 03 G h ..:J� r _uSC. LeL C:iLL te pubi�C �5 bcCG _ :b J it l'+i :.i ✓roJiu:,,s G� 5e CiSi)osal and. are ."..C7GZul that t"2Citi:.G!G i.CBi brCa : i..._., a'ir2a I_.i sDiv0 .4 0f JL= ✓r011-JI0riS. lane_ lJ._...`uCL '.:L wic... Lii4 CiLy CuPeiL7_I:..0 provices for a 3—'—annual r1ti'li'.+ ij` t :l Cf;:y CGu-aCii. G i.he Current Contract there has been no rev-' e- Jr �5 5;)uCtilil j' roGu �t!3G i_?1aC L.: nCiG CQ :hcW prO)Ds�.d rai:C. SCihC:C.L:ie D Si: CD 'L%a City C3Unc-4 1 for approval, L-,d .:.:ac t;hG proposed rat3 be .3'c made"? is ieCii'+'i at Lill: eal"llu5t :IJSSiDii. Gate. y _Ally ,,oL:rS, LOS AILTOS Cr,,;'-DACE GlJ1.2ANi By. John Da.'Jlartini, 'artacr q. VIE APS OFFICE:948-"23 GARACM 966-4983 L 0 J P.0 9 iOl FIRST STREET ITY CLCLOS ALTOS, CALIFORNIA 94022 Detail Cost Comparative Tabor Cost Per Day 1954 1969 1.964 11969 Base pay $20.50 $30./0 Co--poinsatio -, in..surance $7.35 L$ 3.0 5 I,SG 2. =� Payroll La.---.es 6.725 8.700 1.38 2.64 hea'.t'h insurance 6.42 per mo. 23.90 per uno. 30 Paid sick !a--ve -0- 6 days Paid holidays -0- 5 days .70 Paid vacatiori 2 wks. 2 wks. .92 1.4 Total Cos-c Per Man Per Day 1969 Cost Over 1964 j tEll Per Cent of increa-u 24 Pacz"-Cr wj- Truck I- 24 yard Paccar Truck Increa,se in Cos-, Per Cc:,,L of i-,crease kat- \ O SED UTILITY 11ATE SCHEDULE , SCHEDULE 1 • DOMSTILC REFUSE COLLECTION \ AP LIC 313I': schedule applies zo all o=ceeiu% single-family as estic dwellings as required by City Ordinance, / IzRRIIO,: w:E3:Ethe incorporated limits oz Lle City o£ Cupertino and on land owned or leased by the City, except as noted below. RATE'S: 3gw=a;a sin,cle-Lamily domesLic clle=g §:xl 3 Q aG2 . . . . . . . . . . . . . . . . . . . . . . . . . . S2.i0 Z:i uinioes c5==2e is based upon the collection o£ =e£use £cos 2 32-Salle& canu-incrs, v bride premises. . wz 5a= a Cans Ca:ice:» z 2es w«2 Z. « 5 5,&a ?. :a.2 G 6.43 12.E 1 : oaz :e tier of res2zaace (ez za3; aaziEioa=1 ca n £o baew o£ £es:ate ce 22az %J J:cu2£e avel:icI is ae£izad as say Ec=se, cartage, £:,2, ay>:es uoiz, bath, and sleeping ciliE2es, a co «&oe gas o= a:ectzic saw zee i; 5e:a3 tezaezea, 22ay ec= Dwellings w: K:KI L CI £ . . . . . . . . . . . . . . . . . . . . . . . . . . J w zia es c a=6e is based u2o the collar=ion a£ g::3azc ,aC =erase f=ae 32-gallon container, CallccL_ 2c.r &ecz One »w aa31 Apart e=: S2.00 )4,00 %6.G6 e aparcriant dwellia§ is a: a=el:ic3 £c a bui:ain cae:a£sGw LE£ee oz size singl £ iiy dwe111a33. IZ a &=eater frequency of collection is desire,", £oz an agar e=b tease c5a= Is sax-;a in the above sch edale, the monthly service charge will be aece laic by the Corr,pany, base on commercial races. PRO 10SED w IITILIT`� RATE SCHEDULE S-MULE R-1 DOMESTIC REFUSE COLLECTION 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, triple: and apartment houses usinC, a c--anon garbage, Swill, 're use r-id waste matter container, or having all containers in oils_ lo-caLLon, thC; rates shall be as listed above per month per unit to be paid by Ct• lc_1". E-ch unit will be entitled to have emptied two 32-gallon cans of garbage which ha' L be left outside the premises on the street side of the structure, or each unit shall t)a entitled to have emptied one 32-�:i on Can located insido t:.e gate on C11t premises. in the eVenC aun:C las more tla:. two cans located outside the pr :rises, an adeiC.ional charge of $ L.00 per month per Can will be ;lade. For each additionaL can loclte6 in si�.e the gate. in cxcc:.ss of one, a charge of $1.00 per .month per can will be made. Similarly any resntal unit �P charge s-ill be paid' by O:J:12r. The term "aparLuicnt1° as used it^reil Silali be construed to include occupied trail,3r camps and occupied Cabins, cuttagcc, and Lents in auto COurtJ, ..,.:.Lc.LJ' 1._iJG C..ci:.:�s• -.._ the regular co.11,cti5n oLS:CLIi, I"C i.ti:.is ,,,ICl .,._;ice uLtCi ;;1 aity office bultiiin- Or m.'rcantii,2 eSCaJ11S I :.:C Jr Dusine9 s, resLau:4:ILs, cari.'.s, .Stordj, .3Ctorlcs a d JL iroTA z:11j' premises of places of businoss Said Lo: ' wiliCh t::c rates .._i }: Ie'�:i7i'ZJ SJCC-iiC,.i) , thC_ r,tL-S D-171,;_,1 lot LdJL v.'1C7t :, Sv.'1-i or d-! ,arba-e for 32-tea l to^. C',arba ,t CaI, , �.ic'_ COn C.7C: :c`� LJ C:i i e u 70 p:u i.C).S LII weigh- ::o: each can, sila11 be iS io,i_J'•,:b pu ,::JnL,, i _,2-,allon can. owner may util., ze. gairbaj;, CJ:: ny Containers 3t C: e LO '' .L)t•:L2 Times L .,i�. JJG 'IL1 1.... }i 4.J. 3 i,4J I 1L'.G3 33'.uii-• $ 52.60 $ 55.%J ,. 2 27.50 ='5.75 7v.l;G ,. '.6 3 40.Gu 71' 5 95.00 1 .vit 4 52.50 ».75 l2j.36 I•`, .Uj 5 05.0v L1b.25 ,45.i0 17.i.0 6 77.5 75 i7u.00 2v6 .ju contail"Or YC'_....CSi ai.c Or C0I1.;ctl0:1 Vi iC:.c.oC IUY_ l:'I:...CTI T.l.Li:. „rC: not ilea C;L at.J..�l�r... p�JV iCIed, C!le C!I"r— Sii:.::i_ be aC Ci":C? talc' GL $�.lJt� ?err cubicy.._.�. k'Lth a Ci` :: .,... CilaY""kve of $2.0U. iC Stl '..i 7t L:ie? 4 :Cy of the CJi„parry CO T.I:t;Ce suzh collec-�O:.S as prJIaptly as possivic= u-.1V 1 Jdl^:y a^tctais}' ilOLi :ied. !lU Said ieos are to be Said at the time t;ie, collection is iiiaC e. ,or the Collection of decayin- ve6cL,:bles and fruit ma in 1CLS Of� iP_5S than tL.: (9) tons, the f+Le snail be a flat .i•JI1Ciily rote i r :u by the Cor:;zany ant approved by the City Council. 2 _ OPOSED \�» S2ILI T SC=!; \f a SC DcLE l \ � DGIIIESTIC C£GSE COLLECTION a= a£ responsibility for clea=£=3 and 2ai=;ing containers clue to fire, / abrasive or corrosive materials being Placed in the containers and causing substantial \ damage to -aish aye metal. \ size i cubic yd. $16,00 \ 3 " if 24-,O0 \ a e u i4,00 42.00 3 \ j \ a ORD MD.2 bF V_ AN ORDINANCE OF i CITY OF CUPERTINO REGULATIhIG Anc CUMULATION, COLLECTION a AND REMOVAL OF GARBAGE, RUBBISH AND WASTE MATTER IN AND FROM TOE CITY OF CUPERTINO, AND ESTABLISHING RULES AND REGULATIONS PERTAINING THERETO THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1: Reaealiaai Clause Section 1.1: Ordinances No. 007 and 007 (a) are repealed as of the effective date of this Ordinance. SECTION 2: Ratification of Existing Contract Section 2.1: The CON-MCT FOR THE COLLECTION AND TRANSPORTATION OF REFUSE PRODUCED, KEPT AND/OR ACCL"fU'LATED IN CITY OF CUPERTINO made and entered into the 15th day of No•+ember, 1965, by and between The City of Cupertino and Emil Casella and Steve Musante doing business as Cupertino Garbage Company and signed by the aforementioned persons as Cupertino Garbage Company, Los Altos Garbage Company is herewith ratified and shall be continued with full force and effect during the term of said contract. Section 2.2: Except as b-reinafter provided, nothing contained herein shall be construed as negating any covenants, promises, ut•Ldertakings and obliga- tions made and assumed by the parties, each to the other, and granted therein of said contract. Section 2." : Refere_ice within said contract to the incorporation there- in of the provisions of Ordinance 007, as amended by Ordinance 007 (a) , shall be deemed as referring to this 6rdinance, including but not limited to definitions and collection rates. Section 2.4: Any amendments, modifications, additions to or deletions from said contract or the entering into of any new contract ,:ith the sa:ne or dif- ferent parties at the expiration or rerrinaLz.on of said contract shall be glade pursuant to the provisions of this Ordinance. SECTION 3: Definitions Section 3.1: Person: Person includes any person, firm, associaticn, organization, partnership, business trust, joint venture, corporation, cr company, and includes the united States, the State of California, the County of Santa Clara. special purpose districts, and any officer or agency thereof. Section 3 .2: Refuse: Refuse means all putrescible and non-putrescible solid or liquid wastes, except sewa;e, whether combustible or non-combustible ant includes garbage and aaste. Secticn 3.3: Garbage: Garbage means the putrescible animal, fish, food, fowl, fruit or vegetable Matter, or any thereof, resulting from the prepara- tion, storage, handling or consumption of such substances. Section 3.4: Waste: Waste means the useless, unused, unwanted, or dis- carded material and debris resulting from normal community or business activities, or materials w. ich by their presence may injuriously affect the health, safety, and comfort of persons and depreciate property values in the vicinity thereof. -1- Section 3.5: Collection Station: Collection station ahall mean the location at which coma viers of garbage:, waste or refuse are plated for collection by tho disposal service operator. { Section 3.6: Standard Container: Standard container shall mean a metal- lic can with close fitting cover W16, handle and side bails, and which has a maxi- off thirty-two (32) gallons or less in grows capacity. Section 3.7: Disposal Area: Disposal area shall mean the premises or site where the disposal of refuse, garbage and waste not produced on such premises or site is permitted or occurs. Section 3.8: Disposal Service Operator: Disposal service operator means any person hauling refuse, garbage or waste within the City of Cupertino pursuant to a f ranchiss contract, or license with the City licensing and authorizing said person to collect and transport refuse, garbage or waste produced, kept and/or accumulated in the City. Disposal service operator steal?. not include or mean an individual hauling refuse, garbage or waste from his own home for purposes of dis- posing of same at an established disposal area; provided, however, such refuse, garbage or waste is not produced, created, or accumulated in the course of any business operations. Section 3.9: Place or Premises: Place or premises means every dwelling house; dwelling unit; apartment house or maltiple-dwelling, building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel, office building; department store; manufacturing, 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. Section 3.10: City: City 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 tnereto during the effective term of this Ordinance. Section 3.11: City Manager: City Manager shall mean the duly appointed City Manager of the City of Cupertino. SECTION 4: Refuse, Garbage and Waste Containers Section 4.1: It shall be unlawful for any person occupying any premises within the City, or any person owning, controlling or maintaining any premises within the City where refuse, garbage and/or waste .is created, produced, or accumu- lated upon such premises, to fail or neglect to procure a suificient number of standard containers for receiving and holding, withoat leaKage or escape of odors, all refuse, garbage and waste which is produced, created, or accumulated upon such premises, except as hereinafter provided, which would ordinarily accumulate on said premises in one week's time. Section 4.2: Standard containers shall not exceed seventy pounds (70) pounds in weight when filled for removal, exeept when a special container or con- tainers are furnished by the d+sposal service operator pursuant to regulations pre- scribed by the City Manager. Section 4.3: The use of drums, boxes, barrels, bags, or other inappropri- ate containers for the receiv iag and holding of waste which is produced, createo, •Y c i.. a "f i x or accumulated upon any premises within the City shall be subject to regulations prescribed by the City Manager, including appropriate additional charges to be paid the disposal service operator for the collecting and transporting of said Inappropriate c,7ntainers or waste contained therein; provided, however, that said Inappropriate containers shall not be used for the receiving and holding of refuse r at garbage. SECTION 5: Prohibition on Oegosit of Refuse, Garbage or Waste Section 5.1: Tt shall be unlawful for any person in the City to throes or deposit refuse, garbage or waste, or to cause the same to be thrown or deposited, upon any street, alley,gutter, park, or other public place, or to throw or deposit the same in or upon any vacant lot, or back yard, or to store or keep the same otherwise then in containers as required by Section 4 of this Ordinance. Section 5.2: Each day's violation of this section shall be a separate and distinct offense. SECTION 6: Prohibition on Burning of Refuse, Garbage or Waste Section 6.1: It shall be unlawful for any person to burn, or cause to be burned, any refuse or garbage within the City or to burn, or cause to be burned, any waste upon public streets, ways, or alleys. Dry waste may be burned by owners + or producers thereof on privately owned property only when the hours and conditicns of such burning have been approved in advance by the Fire Marshal. Section 6.2: Each day's violation of this section shall be treated an,--: considered, and the same shall be a separate and distinct offense. SECTION 7: Explosive or Hazardous Material No person shall deposit in any refuse, garbage or waste container any explosive, highly inflammable or otherwise hazardous material or substance, wit t having first made special arrangements therefore with the disposal service opera_:,. SECTION 8: Issuance of Franchises, Contracts or Licenses Section 8.1: The City Council may provide for the collection and dis- posal of refuse, garbage or waste within the City by the issuance or execution c` an exclusive franchise, contract, or license, or exclusive franchises, contracts or licenses, to disposal service operators. The terms and conditions under whi-'.. the disposal service operators are required to collect and dispose of refuse, gar- r bage and waste shall be specified in the applicable franchise, contract, or license, and the rates for such collection and disposal operations shall be established by a resolution of the City Council; provided, however, the Lates for such collection and disposal operations specified in the contract rerer:ed co in Section 2.1 of this Ordinance are hereby and shill be in effect during the term of said contract unless otherwise amended pursuant the conditions of said contract. Section 8.2: It shall be unlawful for any person other than the dis- posal service operator to remove, transport, or dispose or any refuse, garbage or waste within the City, except that an individual may haul refuse, garbage, or waste from his o,.m home for purposes of disposing or same at an established dis- posal area. -3- Section 8.3: All refuse, garbage, or waste, upon being removed by the disposal service operator from the premises where produced and accumulated, shall a become -ad be the property of the disposal service operator. Section 8.4: It e4all be unlawful for any person to interfere in, any mmmer with the lawful operations of a disposal service operator duly authorized and licensed by the City, or to interfere in any manner with any receptacle con- taining refuse, garbage or waste, or the contents therein, or to remove any re- ceptacle from the place where the same are placed by the owner or lessees thereof, or to remove the contents of such receptacle. a SECTION 9: Vehicles, Conveyances, Containers All vehicles, conveyances or containers used for hauling refuse, gar- bage or waste within or through the City shall be of such construction as to comply fully with all laws, rules and regulations of the State of California pertaining thereto, and shall be of a type and construction to prevent leakage, spillage or overflow. f SECTION 10: Collection Stations Section 10.1: Refuse, garbage, or waste placed or accumulated in authorized or approved containers for collection shall be collected by the disposal service operator when said containers are placed outside of the premises; provided, however, said collection may be made at such ocher location as may be approved by the City Manager. Section 10.2: Standard containers fir .refuse, garbage or waste, or containers for waste as approved by the City Manager shall be placed at the authorized collection station not more than twenty-four (24) hours preceding the scheduled collection time, by the occupant or person in control of such premises, for collection by the disposal se rice cperator . Such containers shall be removed from said collection station within twenty-your k24) hours after collection. Containers provided by the disposal service operator shall not be moved or removed by any person other than the disposal service operator. SECTION 11: Service Rates Section 11.1: The City Council of the City of Cupertino finds that the periodic collection ,and disposal of reiuse, garbage and waste from all places and premises in the City benefits all occupants :,nd persons owning, maintaining, or in control of places and premises in the City, and therefore all such occu- pants, owners, or persons in control, are made liaoie for the refuse, garbage and waste collection rates established pursuant to this Ordinance for the collec- tion and disposal of refuse, garbage and waste. Section 11.2: Service rates shall be established, billed and collected pursuant to Section 8.1 of this Ordinance. SECTION 12: Administration, Adoption of Rules and Regulations The City Manager shall adopt such rules and regulations as may be necessary for the proper administration anV enforcement or this Ordinance, and any franchise, contract or license issued or executed thereunder, including -4- 3 regulations relati:"e 'to the required frequency of c�. ection from various types i � Q of places and premises, and the types of ,special containers required fen certain classes of places and premises. The City Manager wall resolve all disputes concerning the administration or enforcewmt of this Ordinance and any franchise, contract, or license issued Mr or exemted thereunder. Any affected verson who is dissatisfied with the deter - u1natlon of the City flanager may, within ten (10) days after such decision. appeal. the sme to the City Council. Such appeal must be in writing, filed with the City Cleric, and must set forth the reasons for such appeal. No violation of this Ordinance shall be permitted, or be continued, during the time any sucli appeal :. is pending. SBMON 13: Penalty for Violations The violation of any provision of this Ordinance shall be deemed a mis- demeanor, and shall t punishable upon conviction by a fine not exceeding Five Hundred Dollars ($500.uO), or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Each dsy during which such vio- lation continues shall be a separate and distinct offense, and each such separate offense shall to deemed a misdemeanor punishable as aforesaid. SECTION 14: Severability If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutijnal or otherwise void or invalid, by any court cc competent jurisdiction the validity of the remaining portion of this Ordinance shall not to aifectes thereby. SECTION 15: Effective Late This Ordinance shall become effective 30 days after its passage. INTRODUCED at a regular meeting of the City Council of the City of. Cupeatf,nc on the l 6th day of December 1968. ? : SLD and E\ CTED at a regular meeting of the City Council of the City of Cupertino on the__,Jth__day by the following vote: .YES: Councilmen - Beaven, Dempster , Fi tzgera;d, Stakes , Noel, ALOES: Councilmen - (done ABSENT: Councilmen - None APPRO i7ED: Mayor, city of Cupertino AnI EST: City Clergy -5- I . .. .. � s • q • �'F�, - � � 4,'€ �i' �s t � may 21, 1969 TO: PhlUp V. Storm, City Asnager ` Va. H. Ryder, city Clerk - Pike Director SuW=: Los Altos Garbage Co. Proposed Rate Increase Although not requested to do so I have reviewed the data submitted by LAGCO as justification for their proposal. The purpose for doing so was neither to confirm uor deny the validity of the figures but only to provide some basis for answeaing questions at the public hearing should they arise. .�' Assuming that the cost-profit ratio was a valid one when tho current rate schedule went into effect in 1965 there can be no question that it has been negated by the increase in costs since then. Now much profit should be realized is a debatable point. The C.P.A. report infers that an 82 return on investment is reasonable but that the proposed rate schedule will not provide that. Hate schedules of public utility companies regulated by the P.U.C. do not provide for an 8% rate of return. In either event we do not have the information to make any comment on the C.P.A. 's statement of non-adequacy. There are three points worth mentioning. Revenues have been projected at a 37% increase for both residential and commercial service as applied to gross revenue for the previous six months. The growth of the City is constant, meaning that the number of customers and corresponding revenue as of today are greater than six months ago but by the nature of the work performed there is not an appreciable increase in costs. This growth pattern will continue. The 37% increase presumably is taken either as an average,weighted or otherwise, of all rate increases or as being the most prevalent of the various rates. At this point the City has no way of determining the accuracy of the percentage of increase but reference is made to the comments below on the rate structure. The allocatica of expenses is the most difficult to make but the method employed for the presentation is well done and is as good a method as there is. There are, however, a couple of questions the answers to which are not clear. s In the calculation of labor costs it is assumed that each truck is fully manned each working day and to this is applied the gross daily labor cost. Included in this gross cost is the employer's overhead reserve for sick leave, holidays and vacation. These are legitimate expenses but constitute a double deduction when included as a part of the base daily rate and yet being charged that same base daily rate for the time so taken off by these employees or as payment to their replacements. The cost per day involved in these three items comes to $2.95 and if justi- fied as being disal2.owed reduces the daily rate of pay to $36.59. By using their man days per week for the six month period (1,222) and the preceding revised rate of $36.59 the labor cost would be $44,713, or a reduction of $3,605. h w The computation of other expense items is probably as close as anyone can come to actual costs. The rate schedule as proposed leaves some room far doubt. I have made some comparisons and am attaching two paencil worksheets showing all changes in rates. These vary from 33.32 increase to 132.72 for residential service and from 25.0% to 71.9X for commercial and industrial service. Agaft the city has no way of knowing the giber of customers at each rate and whether or not there are any at the higher ones. Should there be even one it then becomes a matter of having to explain the discrepancy in percentage of increase for his bill as compared to others. To reiterate, there is a strong case for the need of an increase in the rate schedule to provide some additional revenues to offset increasing labor and equipment costs. The question. is only on how much and how it should be distributed among the types of customers. - 2 _ s ,r '006(p 3 I 8 _ I - 3 j � 1 im• Q� �t4n 4 y j y �./ 9 101 -Of 111 - 131 14' s 16 ¢ a! 20 21 22 23 24 21 a 4 ie 78 29 30 31 33 �.L Ld.,.� Vf*-eii.�-Q. I.J a.t'..�-w•'_•C "3 34 \J� � � LN.1� f f 34 35� 75 031 37i "jt7 /.➢O{ � it 39 40 i o t _ it �7 Y•(�S.ros JGNiLS GOMpANY G7904 GPCEN 7904 BUFF PA! AWPI FOR. 07904C COVEPLiss MACE: 3 .Los Altos Garbage Ob. Of U � - /$Ck7{ 400,; lee�J1d 3 f, _ F-4._. 6 ; of VAIP Joe .i dA Do IA Ll t .,,,;r..,j 4•�...t::.- �^ J:A., z.c.cf.��.f � 1t I -f i .. ,r_ a-�d '�. -"�?r J.�`� '•L. -`r>.:.� -At aAL'?.�'i;^,.n 7t..A' •-dl = .-cs. 'S 3 : 34 35 36 r� n 'S 31 f n 10, s� / :..�s.ch.-�.^_ :�h...Y�•-t.C..- y'�.`,Cd" •c�� l 3Ca 1`'SC.t - r� _p .. 39 �` L� �GD.yYO* z ..+eL •� 7TlfGa4.2Sa�x C ?t'� 40 {� �'. rt...-v ,..rMc�, ...MF•A.ery C.7�Jm ;iREC:'. 75:34 8Jrf. n,�q ho.4y. f.';R C79Q4C :::QY E:+--lr:St !'t Oi: v -, 6.1 Ak •.> INSURANCE BROIKERS CONSULTANTS 50*SM48ONS ST.• SAN FIRAWISCO.CALWORNIA 9011 IsessD 9o�-asea C.1.ty oult illy Y c ino GATE: A a 1971 �. ��.aes.T+T 10300 Torre Amite PLEASE EXAMINEE THE DOCUMENTS Cupertino, Ca 1 i Porn 1 aI 95014 ENCLOSED. IF CHANGES ARE REQUIRED, RETURN TO US FOR CORRECTION. 10.'.1 ATT'N- DEP'T, 'ACCOUNT -iOAN - ESCROW OR RE F£(O£EeG£ N4A/6£R? C OPY O ES 1 Old BEHALF OF NAND StFd�SE-T SCAVENGER COMPANY 6 LOS ALTOS GARBAGE COMPANY ETAL 1 _SENT TO OUR INSURED I+myUREt, ADDRESS- 411 TUNNEL AVENUE, SAN FRANCISCO, CALIFORNIA 94134 WE ENCLOSE FOR YOUR RECORDS THE FOLLOWING DOCUMENTS INDICATED: POLICY LENDER'S LOSS PAYABLE (R438BFU1 X,y ORtGINAL ENDORSEMENT _COMMODITY LOSS PAYABLE CLAUSE THE DUPLICATE OF BINDING ADVICE WHICH YOUR MORTGAGEE OR PAYEE FORM INCLUDES COPY XX CERT, OF INS. AODITIONAL INSURED ENDORSEMENT WITH RESPECT TO THE PRDPERTY OR THE RISKS NOTED IN WHICH YOUR INTEREST APPEARS: BUILDINGS & STRUCTURES PLANT EQUIPMENT ;TOCK5 BUSINESS INTERRUPTION DWELLINGS AND/OR CONTENTS AUTOMOTIVE EQUIPMENT MOBIL( EQUIPMENT CARGO AIRCRAFT 1 BEING SUBJECT TO THE CONDITIONS AND LIMITATIONS OF INSURANCES EFFECTED THROUGH: •INOCA OA CO.EM E:OTE NO -E RIOO OF NS'_RANCE OF AMOuN I'S OF INS„S'ANCE INSk RANCE COMPANY OR UNDERWRITERS PW.iC� c.0 CEAT,r C.TE "T_._ -"O- -� "'--"— _"p. F_7M TO RISK OR LIMITS OF L.A.C.I!-ATV A S P E R A T T A C H E D CE RI T 1 F 1 C A T E INSURING AGAINST LOSS OR DAMAGE RESULTING FROM THE PERILS OR COVERAGES SPECIFIED: FIRE AND EXTENDED VANDALISM AND SPRINKLER EARTHQUAKE '.IGNTNiNG COVER A(-.E MALICIOUS MISCHIEF LEAKAGE SPRINKLER LEAKAGE. EARTHQUAKE NAMC& AUTOMOBILE BODILY IN:URY AND EXCESS UMBRELLA i '.lL AISK.E" RLPIL4 PHYSICAL DAM,%GE _,_PROPERTY DAMAGE 81 OR PO EXCESS 81 Q PO T11E ENG09SURES REPLACE PLEASE RETURN TO US TNC PLEASE SIGN ANO EVIDENCE,01• INSURANCE EVIDENCE OF INSURANCE RETURN WAIVER YOU NOM HAVE IN FILE Y)U NOW NIAVE IN FILE OF INTEREST Ft�dM w CORRIESPDX*q9 tTS AND ASSOCIATE OFFICES THROUGHOUT THE UNITED STATES; �¢ ClBaViCATE Alert JO AbEWN-VGbUAftCOMPANY 0 SATIM A21W TOSO, INC. WAVERManwayaND LGS AUTM GAMAa GMAWTI, if AL • 411 TEAM AVIM • so ramowe %1% . ilk a > o sv AAK • opunwo LA 9"14 sm nAWJM, MISIOMA 94111 MAWRICA INSURANCE COMPANY and/or MISSION INSURANCE COMPANY, ardor SAYRE AND TOSO,INC. has issued covrrege effecfivo, ''of iVu dates and for the perrart, and limits specified below and subject to ail terms, conditions, provisions, exclusions arid limitations of the descrif ed s at Policies whether shown by endorsement or otherwise. Any requirements or provisions in any contract or agreement between the Insured er•j arty person, firm w corporation will not be construed as enlarging, altering or amonding the definition of insured or any other terms or conditions of this or the policy designated. KIt+dO OF INSURANCE POLICY NUMBER POLICYD LIMITS Of LIABILITY Cir +lll#Yf010 EFF STATUTORY CACIFORNia (.OlAPEN$AIION WORKMEN'S COMPENSATION EXP COALVMATION EFF SIATL!TORY COMPENSATION STATE.:S: OF_ —. WISRicMEN'S C()MPENSAIION EXP EMPLOYER'S LIABILITY -ti —PER OCCUR2Er:Cf ry EACH PERSON SINGLE t�EACH OCCURRENCE 8Ci110.Y INJURY LIABILITY., COMBINED S11GL8 MIZ AUTOMOBILE $ I OO, AWWO E LODILY INJURY LIABILITY-- F ,. EXCEPT AUTOMOBILE 1OHAC 20746 EFF 7.1�71 $ 1000000.00 $ 1000000.00 EACH OCCURRENCE PROPERTY DAMAGE LIABILITY, - AUTOrnOB0.E EXP S 13r+LUDED 7.1-74 EACH OCCURRENCE AGGREGATE PROPERTY DAMAGE LIABILITY- $ Mw $ , EXCEPT AUTOMOBILE � AUTOMOBILE FNVSECA1L DAMAGE COMPREHENSIVE EFF m FIRE LIGHTNING Q TRANSPORTATION S THEFT rBROAD FORM, ! EXP S COLLISION OR UPSET ..CTUAL CASH vALUE LESS S DEfWCT'9LE EFF **THIRD PARTY PROPERTY DAMAGE EXP $ T_ — EFF UARRRfJAA EXCESS POUCT EBedive— .___any loss under Physical Damage Coverage is payable as interests may appear to the Named Insured and the Lieaholder named belaw in accordonce with loss Payable Endorsement on reverse side. UENNOUM As respects the iollowinR described automobde(s) ^ fE YEAP TRADE NAME OUY TYPE AND MODEL SERIAL NUMBER DE3CliMIION AND LOCATION OF 04ERAOONS o; •" OTHER THAN AUTOMOBILE This policy shall not be canceled nor reduced in coverage after r>N days written notice of such can celation or reduction in coverage shall have been mailed to thi,, . -F',ficote holder. Certified this 1ST day of JULY 19 71 D HOLLA1 D-A 1C IAiSURANCE WWANY ION 0 A%ARE a , IN ) Produce S & COWAN Audser Rep. �+r:,. MAC 3 City of Cupertino June 1 , 1971 F' ; ` "T FROM THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD . ' 1969: "Put . Hearing, A. Request for Los Altos Garbage Company for a rate increase Mr. Marshal. Frazier appeared on behalf of the Los Altos Garbage Company and elaborated on a previously submitted report which indicated the necessity for a rate increase and the reasons therefor. Mr. Frazier also emphasized that a ten year contract had been signed between the Garbage Company and the :. City of Cupertino in 1964 and that he was not attempting to re•-negotiate the contract at this point, merely to ask approval of a rate increase averaging about 72 per year from $1.75 to $2.40 per month. When Mayor Dempster called for audience comments, Messrs. Bernard Ponsegi, Howard McLaughlin, Harold Johnson, Dean Sayer, Earl Pelt and Bruce Wenniger voiced such considerations as the justification for the increase, the neces- sity for a trash and rubbish pick-up three or four times a year, the possi- bility of making special arrangements for unlimited service for a specified fee and the possibility that Cupertino might be overcharged because of con- tracting with the sane company. Mrs. Juanita McLaren asked that the Council consider the inclusion of a provision in the increase approval by which the trucks are required to pick up the garbage cans in front of the hillside homes rather than have the homeowners haul their garbage cans to the bottom of the hills particularly in view of recently passed legislation prohibiting any type of burning. Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unan- imously to close the public hearing. Councilman Noel stated that he was in favor of the rate increase as cost of living had steadily increased and the request was justified; however, that a provision should be included iL the approval for a Spring and Fall Pick-up of rubbish. Councilman Stokes said that trash pick-up had plagued the City for a long while and that this would be the time to confront the problem and to come up with a solution particularly in view of the new burning legislation. Mr. Stokes suggested that the City Council pursue the possibility of rubbish pickup three or four times a year with the City paying the cost of such pickup to be taken out of the budget surplus instead of another decrease in taxes. Councilman Fitzgerald queried if homeowners had ever been notified of the services offered and the charges for such services. The City Manager emphasized that each homeowner had received a letter indicating all services provided and the costs for each. Councilman Fitzgerald felt that there was little excuse for homeowners not knowing about the extent of the services offered. Councilman Beaven felt that, although he was receiving excellent service, this increase proposed was entirely too high and without ,justification. Council== Stokes iisagrebd stating that the comparison of tho increase with the cost of living increases could not be related. Councilman Fitzgerald moved that the request be approved as per the proposal ana that the City Manager be authorized to investigate the possibility of rubbish pick-up three or four times a year to be instituted before January 1, 1970. Councilman Noel, seconded. The motion passed 4 - 1 with Councilman Beaven voicing the 'No' vote." } THIS IS TG E;erPTIF`i r�.„ :.I HIN INSTRUMENT IS A TRUE AND CORRE®T COPY OF THE ORIGINAL ON FILE IN THIS QFFICE. ATTEST CITY CLERIE'67F T"E CITY 13F CUPERTINO CLERK June 14, 1971 Fos Gatos Garbage Company 101 First Street Los Altos, CalifOTRU Attention: John DeMartini Gentler.-r. In checking our records, we find the latest Certificate of Insurance expired October 27, 1970. Will you please furnish us .rith, a Certificate of Insurance from October 27, 1970 to October 27, 1971. Very truly yours, CITY OF CUPERTINU Gladys McHugh ntputy City Clerk m �f w a g June 1, 1971 s� Mr. Andy Mariana Administrative Assistant 13777 Fruitvale Avenue Saratoga, California 95070 Dear Mr. Mariani: Please find enclosed a copy of Los Altos Garbage Contract , Ordinance No. 420, Proposed Rate Increase and Excerpt of the City Council Minutes of June 2, 1959, granting tAe increase. If we can be of any further assistance to you, please do not hesitate to contact this office. Very truly yours, CITY OF CUPERTINO Gladys McHugh Deputy City Clerk m Encls. x z Septetober 28, 1971 Hr. Thomas G. Hanna Chief, Administrative Analysis Section Office of the County Executive 70 hest Hedding Street San Jose, California 95110 Dear Hr. Hanna: Enclosed is a copy of the typed report we made from the information you so kindly let us review. The only changes we made were the addition of the multiple-dwelling rates for each city, which is shown on Schedule "D". I purposely did not put a heading on these in case you wished to have them duplicated and distributed to the pax- ticipating cities by your office. Again, ►anks very much for your assistance. Very truly yours, CITY OF CUPERTINO Wm. E. Ryder, Director Administrative Services WER:es encl. �s SCROULE "G" Page 1 if 2 Citp Remarks Campbell Firm prohibited from using "City" in firm name, or other words implying municipal cranership. Contractor may request rate increase when direct labor and/or equipment costs increase by 2-1/2y.. Assets used by Contractor must be recorded. City can to-minate withour cause and buy Contractor's equipment. Contractor to report all delinquent accounts to City; City to issue citations for non-payment. Workers must wear uniforms. Must tag rejected containers. Trucks mist be washed daily and repainted annually. Cupertino Workers must be U. S. citizens and speak English. City *tanager may direct removal of a *corker. Vehicles must be washed and disinfected inside daily, washed outside weekly, be repainted annually and be no more than ten years old. Workers mus: gear uniforms and badge. Bi-annual review of rates. Includes schedule of liquidated damages. Gilroy City not responsible fer unpaid accounts. Contract provides for 10C per year increase ;per year increase in basic rate thru 1974. �vs Altos Workers must speak English. Los Altos Sills Workers must speak English. Lcs Catcs No remarks. `Some Sereno :'orkers must speak English. Morgan Hill No remarks. ,i itas No remarks. "fountain View Contractor must repair or repla,.e at his expense any containers damaged as a result of his handling thereof, normal weir and tear excepted. Operations for City to be independent of other operations (assets, liabilities, revenues, expenses and net icrth nct to bft combined, consolidated or in any way incorporated with other operations). Accounting records shall, be for period Jily 1 - ® .t.:ne 30. Method of depreciation is prescribed. Cannot use "City", "Mtn. View" or of her words icply{ng .municipal oane,7sh Fas non-discrimination clause. PZlo Alto Has non-discrimination clause with penalties for violation. Operations for City requires to be independent of all other r=reratic no combining of assets, etc. Specifies FY period and depreciation method. Cannot use "City" or other words implying --unicipal ownership. Provides for schedule of liquidated damages. Contractor leaves yard fro= City. Workers must have uniform; and numbered badges. Must repair or replace containers damaged by Contractor. San Jose Provides for review after six months to determine if rates provide between 2% (guaranteed minimum fair rate) and 6% (highest allowable profit) of gross collections. Specifies maximur. officer salaries and formula for maximum salaries supervisc--s, office expense and rent. Santa Clara Contractor must replace, repair, or pay for damaged cans. Provides for 54; per can increase when CPI advances 8 points (similar for decrease. mot:` SCSCHEDULE "G" Page .)f 2 C=tY Remarks Saratoga No remarks. Sunnyvale Contractor must repair or replace damaged cans, fair wear and tear excepted. Operations for City to be independent of other operations -> no combining, etc. of assets, etc. Prescribes July 1 - June 30 FY - Other general provisions same as Mountain View. Cannot use "City", "Sunnyvale" or other words implying municipal ownership. Contractor required to deposit $1,000 wit:i City as a Service Guarantee Fund -- City makes deductions as necessary to correct lack of service. 1 SCHEDULE Page I of 2 Specified Location Type of Material Maximum Capacity Aaximum Weight Specified that Collector Times of -Collections All for Cans? Specified for Cans? Specified for Cans? Sp�2cified for Cam? Must Replace Lids? Specified? Campbell Within 50' of curb Yes (in Ordinance) Ordinance 75 lbs. Yes Between 5 a.m. Galvanized metal or 32 gals. 10 P.M. acceptable plastic Cupertino Outside premises Ordinance - Metallic 32 gals. 70 lbs. Yes No collection prior (i.e. Not inside to 5 a.m. fence) Gilroy At street Not specified 32 gals. 10 lbs. Not stated Not .tated �� "loos Altos Anywhere on property Not stated 30 gals. 70 lbs. Not stated None befGre 6 a.r. (cannot leave Cc.ya-v prior to 5 a.m. ) Los Altos Hills Basic rate is for up Not stated 30 gals. 50 lbs. Not stated Nct stated to 100' from road. For each additional 100' add 45C per can Los Gatos Within 100' of street Galvanized iron or 30 gals. Not stated Not stated None prier to 5 a.m. sturdy plastic Monte Sereno At roadside, add 25C Not stated Not stated Not stat--d Not stated Not -tated for each 100' from road 0-organ Hill Garbage inside pro- Metal or plastic 32 gals. 75 lbs. Not stated Not : tatec perty; crash un curb Milpftas At curb Metal or plastic 32 gals. 75 lbs. Yes 4 a.m.. tt 5 P. :.- Oct, 1 to Mar. 3 a.m. tc 7 p._..-- Apr. 1 to Sept. 30 `fountain View 2 cans at curb. Not stated 32 gals. 75 lbs. Yes None befcre 6 a.-- 1 can rear yard SCHEDULE "F" Page 2 c ` 2 Specified Location Type of Material Maximum Capacity Maximum Weight Specified that Collector Times of '.ollections City for Cans? Specified for Cans? Specified for Cans? Specified for Cans? Must Replace Lids? S.-e.-i_-ied? Salo Alto Rear of premises Galvanized Metal, 32 gals. 60 lbs. Yes None in r:sidential plastic or fiberglass areas pri•)r to 6 a.=,. ; non-residential col- lections Faust be done between 2 a.m. 6 9 p. San Jose Curbside Not specified 32 gals. 75 lbs. Yes 4 a.m. to 9 p.m. in residential areas; 3 a.m,to9 :).m. in com- mercial/industrial nta Clara Garbage--backyard o.k. McLa' 30 gals. 70 lbs. Yes Not stated Trash--within 6' of sidewalk 1 Saratoga Within 100' of road Galvanized metal 32 gals. 75 lbs. Not stated Not earl-4--r than 5 a.w Sunnyvale Curbside Metal 32 gals. 75 lbs. Yes None earlier than ? a.m. own x SCW if gf0 Ti Page 1 of 3 Length of Time Late Current rates Previous Kates Who Does Billing Free Collections City Became Effective Were in Effect and Collectin&? Provized? amphell July 1, 1971 Contractor Two per year ��"Cupertino July 1969 Contractor None Gilroy January 1, 1971 City One per }ear (City pays Contractor about $500) _Los Altos August 1, 1971. :.ontr ctor None s i tos Hills April 5, 1971 Contractor Not stated Los Sz_23 November 1, 1965 Contractor Not stated Monte Sereno July 1962 Contractor Not stated ` Hill January 1967 City One Mor-an Mi1 Gctcber 1969 Contractor None Mo1:.za:n View November 1973 City One - No extra c"arge by Contractor - need not be in cans Palo. Alto July 1971 City Not stated r, J ee December 1, 1970 Contractor Not i2Tted Sant. --:.ara July 1971 City Not stntad Salt a April 20, 1966 Contractor One Sunni--.-ale J City One in SFrirg uly 1, 1971 SCHEDULE "D" Page I c f 4 Mul'iple No. of Residential DweliIng Co=mercial .F City Description Containers Rates Rates _ Rates Bin Rental :=Campbell 32 gal. I ea. $1.75 $1.75 $ 32 gal. ea. add. 1.10 1.75 1-1/2 yds. 18.00 6.00 2 yds. 25.00 7.00 h 3 yds. 35.00 8.00 Cupertino 32 gal. 2 ea. 1.75 32 gal. ea. add. 1.75 32 gal. 1.50 AML32 gal. 1.50 1-1/2 yds. 12.00 3 yds. 21.00 6 yds. , 36.00 Wood - No lid 8 yds. 32.00 Gilroy 32 gal. I ea. 2.25 tefuse collection only ea. add. 1.00 Garbage collection only 20 gals. 2.25 ea. add. 1.00 2 yds. 18. 20* 3 yds. 26.24* 4 yds. 35.28* 6 yds. 51. 38* Commercial-Domestic & garden refuse 1.75 32 gal. *Rates do not include domestic or garden refuse Los Altos 1 can 2.40 30 gal. 2 ea.' 2.40 ea. add. 1.50 1 ea. 2.10 30 gal. ea. can ea.add. 1.20 3.00 1-1/2 yds. 18.00 3 yds. 30.00 8 yds. 54.00 SCHEDULE "D" Page 2 r,f 4 Multiple No. of Residential Dwelling Commercial City Description Containers Rates Rates Rates Bin Recta. Los Altos Hills 50 lbs. - 30 gal. 1 ea. $3.40 $3.40 $ $ 2 4.75 4.75 3 6.10 6.10 4 7.45 7.45 1-1/2 yds. 20.00 3 yds. 35.00 6 yds. 50.00 s Gatos 1 ea 1.50 1.50 ea. add. .85 1-1/3 yds. 15.95 2 yds. 21.45 3 yds. 28. 75 6 yds. 52.65 Milpitas 32 gal.s. 1-3 cans 2.20 4 cans 3.60 5 cans 5.00 Duplex service 4 cans 3.00 Triplex service 6 cans. 4.50 Fourplex service 8 cans 6.00 1 can 2.20 2 cans 3.60 3 cans 5.00 4 cans 6.40 ® 5 cans 7.80 6 cans 9.20 7 cans 10.60 8 cans 12.00 9 cans (1-1/3 yd. bin) 13.20 Monte Sereno 1 can 1.75 2 cans 2.50 3 cans 3.25 SCHEIMU 'RD@# Page 3 cf 4 Multiple No. of Residential Dwelling Commercial City Description Containers Rates Rates Rates Bin Rental ran Hill Garbage refuse - 32 gals. 1 ea. $2.00 S $ 2 ea. 2.00 1 ea. 1.35 ea. add. 1.10 2 yds. 18. 15 3 yds. 26.40 4 yds. 34.10 6 yds. 50.60 ntain View Refuse 2 cans 1.62 Garbage 1 can 1.62 ea add. 1.12 Each dwelling unir 5 + 1..'_7 Each dwelling unit 4 - 1.62 ea. add. 1.12 1 yd. 5.30 4.00 2 yds. 9. 76 5.50 3 yds. 14.22 6.25 6 yds. 28.43 7.50 16 yds. 20.91 15.00 Palo Alto 2 cans 2.00 3 cai.:s 2.95 4 cans 3.90 5 cans 4.85 6 cans 5.75 ea. add. 1.50 32 gals. 2 cans 2.00 3 cans 2•95 4 cans 3.90 5 cans 4.85 6 cans 5.75 Bins 1 yd. 5.80 3.00 2 yds. 10.45 4.00 3 yds. 15.10 4 yds. 19.20 5 yds. 24.35 6 yds. 29.00 6.00 • 8 yds. 3R_30 8.00 SCMIME "V Page 4 cf 4 Multiple No. of Residential Dwelling Commercial City Descri Containers Rates Rates Rates Bin Rental ptinmm San Jose 32 gals. 3 cans $2.30 $ $ $ 1 yd. 18.00 1-1/2 yds. 22.40 2 yds. 28.85 3 yds. 39.30 Deposit 4.50 Santa Clara 30 gals. 1 can = .; . ea. add. 1 . ® Each dwelling unit 1 can 1.55 ea. add. 1.00 1 can 1.10 No rubbish - garbage only 2 cans 2.05 cans 3.00 ea. add. 1.00 Saratoga 32 gals. 1 can 1.50 ea. add. .85 1 can 1.50 ea. add. 1.50 1-1/3 yds. 13.00 2 yds. 18.00 3 yds. 21.00 6 yds. 36.00 .aviw,nnyvale - Unlimited 1.45 Each unit Up to 3 cans .85 oa.n 1 yd. 3.95 C� 1-1/2 yds. 5.93 4. . 2 yds. 2.91 4. 3 yds. 11.87 5.6`- 6 yds. 23. 74 6. 75 15 yds. 59. 34 16.95 20 yds. 79.12 21.95 SCH WLE '"C" Page 1 of 1 Term of Contract "Hold Harmless" Bankruptcy Provision Labor Dispute Provisions for City in Years Provision in Contract? in Contract? � Provision in Contract? Termination of Contract? ell 10 yrs. (1.971-1981 Yes Yes Yes Yes w/5 yr. option) apertino 10 yrs. (1965-1975 Yes Yes Yes Yes w/5 yr. option) _. Cilroy 5 ems. (1970-1974 Yes No Yes Yes w/two 5 yr. options) Altos 10 yrs. (1967-1977 Not stated No Not specified per se Yes w,!two 5 yr. options) Los Altos Hills 10 yrs. (1966-1976) Yes No Not specified Yes Los Gatos 10 yrs. (1965-1975) Yes Yes Yes Monte Sereno 10 yrs. (1962-1972) Not stated Not stated Yes Morgan Hill Now on 1st 5 yr. opt. Y:!s Yes Yes Yes till 11/1/71. Co. has additional 5 yr. opt. thru 10/31/76 Milpitas Feb. 1971 to Dec. 1980 Yes Yes Mountain View 5 yrs. from 8/31/70 Yes Yes (in effsct) Yes Yes 0310 Alto 12 yrs. (2/1/71 thru Yes Yes Yes `?es 1/31/83 w/4 yr. opt.) San .lose 5 yrs. (12/70 thru 11/75) Yes Yes Yes Yes Santa Clara 15 yrs. beginning 11/1/61 Yes Saratoga 5 yrs. (3/20/67 r.o 3/20/72) Yes SunrvvaIe 15 yrs. beginning 7/1/60 Yes Yes Yes Yes SCHEDULE "B" Page 1 of 3 Contractor Required Contractor Required Contractor Required to Obtain Public Contractor Required to Post Bond? to Obtain Workmens' Liability Insurance? Financial Statement City Name of Contractor to Maintain Office? Amount? Comp. Insurance? Amounts? Requirements w Campbell Czeen Valley Yes Yes $50,000 Yes Yes None stated Disposal Co. B.I. 300,000-500,000 n P.D. 25,000 Cupertino Los Altos Yes Yes 5,000 Yes B.I. 100,000-300,000 Annual certified Garbage Co. P.D. 50,000 statement tj verify amt. cf collections 10 1roy South Valley Not stated None stated None stated B.I. 150,000-300,000 None stated Disposal Co. P.D. 25,000 Los Altos Los Altos Not stated Yes 5,000 Yes P.L. 100,000-300,000 None stated Garbage Co. Los Altos Hills Los altos Not stated Yes 6,000 Yes P.L. 100,000-300,000 None stated Garbage Co. Los Gatos Green Valley Not seated Yes B.Z. 300,000-500,000 cone stated Disposal Co. P.D. 25,000 Monte Sereno Green Valley Not stated Yes 5,000 Yes P.L. 100,000-300,000 Books mu,-t be open to Disposal Co. audit u;un demand rean Kill South Valley Not stated Yes 2,500 Not stated B.I. 50,000-100,000 None stated Disposal Co. P.D. 5,000- 25,000 Milpitas San Jose Yes Yes 5,000 Yes B. I. 10C,000-300,000 As specified by Art. Scavenger Co. P.D. 50,000 Ord. 4£ (C*-. 200, Titic. Milpitas Muni. Code) Mo-untain View Foothill Yes Yes 30,000 Yes B.I. 100,000-300,000 Annually by Sept. 30, Disposal Co. P.D. 100,000 contractor to provide 2 copies of arnu-=I =uuiL prepared by a CPA with his unqualified op F;cn thereto. City Mgr. *r (continued to page 2,) • SCHEDULE "B" Page 2 o 3 Contractor Required Contractor Required Contractor Required to Obtain Public Contractor Required to Post Bond? to Obtain Workmens' Liability Insurance? Financial Statement City Name of Contractor to Maintain Oifi.ce? Amount? Comp. Insurance? Amounts? _ Requir(-merts Mountain View approve form and (continued) detail of annual au�ft and may l.nspect recort of contr..ctor Palo Alto Palo Alto Yes Yes 50,000 Yes B.I. 250,000-500,000 Must fur: ish 5 codes Sanitation Co. P.D. 100,000 by Aug. .'I, prepared by CPA 6 includin : 1. CPA's letter cf opinion 2. Co-oa.-ative balanc,� 3. Co^pa. at i- ` c^ers- ting ratemeat 4. Chang,s in inve=t- ments in propert j' 6 equ'pment 5. Sourc. S appwi_-a- tion f funds 6. Changes in owner equi t. 7. Names of princi . _ offic r 5 stock holde' 6 sala__-i paid he^: Also. 5 ( opie.i c financia: state .: at end of each qaa-t&- San J,3se Garden City Yes Yes ? Yes B.I. 300,000 per Annual at.dir. report Disposal Service occurrence prepared by CPA inc-1- t plus 5 sub-contractors P.P. 100,000 ing all bub-coutract :on Santa Clara Mission Trail Yes Yes 50,000 Yes B.I. 100,000-300,000 Garbage Co. P.D. 50,000 SCHEDULE "B" Page 3 of 3 Contractor Required Contractor Required Contractor Required to Obtain Public Contractor Required to Post Bond? to Obtain Workmens' Liability Insurance: Financial Statement City blame of Contractor to Maintain Office? Amount? Comp. Insurance? Amount? RequirFments _ Saratoga Green Valley Not stated Yes 5,000 Yes Yes - Amounts not None stated Disposal Co. specified Sunnyvale Specialty Yes Yes 50,000 Yes B.I. 100,000-300,000 r Garbage Co. P.D. 100,000 t' o SCIIEDULE "A" page of 1 �F Does City Own City Officer Must City Annus_ Lollar A c�---it tii.t�• Disposal Site? Designated to Administer Approve Routes? Franchise Fee (z) of Franchise ze.a Ca:Ypbeil No Fire Chief Yes 10% $ �3,000 Cupertino No City Manager Yes 10% 22,500 Gi rov Yes (to be used by Not stated Not stated 102 27,624 Contractor only if weather precludes use of his dump) i :_.L:Ls No N; t stated Not stated 10% 0,003 Los I os Hills No Not stated Not stated 10% 6,000 Los ;a:os No Nor stated Not: stated 10% � 4,030 No Not stated Not stated 10% � 0o c• Eiil No Not stated Yes 12-1/2X 9 , 53� 77 as No City Administrator Yes 10% ;4,00�t Vier Yes City Manager Yes 20% 1. 000 (1/4 of this regarded (1/4 of as collection costs) as coll• ction ccs_ , A1:0 Yes - City Engineer Yes 24% 2. f.000 (no cost to contractor) No (contract spe-4fj_es City Manager Yes 10% (garbage or mixed 35G,CGO that contractor will use garbage & rubbish) Newley Island site) 3% (rubbish only) Santa Clar" Yes (for trash) Not stated 10% of garbage collected _4,0G3 (City collects trash) Sara_o No Not stated 102 %2,5,00 Ie Yes City .`tanager fed 10% y9 ,000 y'.L 1 • r per, ' City o: Cupertino MEWRANDUM September 1, 1971 Yc' TO: Wm. E. Ryder, Director of Administrative Services FROM: Robert W. Quinlan, City Manager } SUBJECT: Survey of Refuse Disposal Please zonduct a survey of refuse disposal among the various cities in Santa Clara County if sane is not now available and icic.lude such questions as charges per one two-family; apartiaent house; com- mercial, how often pickev up, point of pickup; regulations on pickup; if conducted by private contractor, does city assist in collection and what franchise fee is charged. Also, what efforts are being made in recycling, etc. I contacted .Born De Martini on this and he said he would work on it but I have not received any response. r RWQ/bd 1K" C k 4L j September 13, 1971 Mr. Thaws G. Hanna Chief, Administrative Analysis Section Office of the County Executive 50 West Hedding Street San Jose, California 95110 M Dear Mr. Hanna: I hav: been requested by my City Manager to obtain certain informa- tion relating to the refuse disposal among the various cities in Santa Clara County. I know that not too long ago you obtained basic information from the City of Cupertino as well as from other cities. I was wonder- ing if this data were in such shape that you could provide me with this information. Of importance are the charges for single-family residences, duplexes, apartment houses, and commercial; how often the refuse is picked up and its location; any pertinent regulations relating thereto; whether the work is conducted by a private con- tractor or a public jurisdiction; to what extent does a City of County assist in the collection process; who does the billing and where is the money collected; what franchise fees are involved; and what efforts are being made in the field of recycling. I realize that thda is a considerable amount of information and, if at all possible, I would appreciate reviewing whatever reports you could make available to me on what was obtained in your survey. If so, this possibly could elimiaate considerable duplication of effort. Any advice you can give me on this would be most helpful. Very truly yours, CITY OF CUPERTINO Wu.. E. Ryder, Director Administrative Services WER:es bcc: City Manager CITY OF CUPERTINO MEMORAM M TO: Robert W. Quinlan, City Imager BATE: January 6, 1972 FROM: Larry Hyatt, Administrative Assistant gOg Request for Information A phone call from Lou Lucia of the Cupertino Courier was received today. A complaint concerning illegal dumping of refuse on both public and private property has prompted them to editoralize comment on the subject. His specific request was for the amount of the fine for such an offense. You may runt to call him on this, and any comment on policy or procedLre for such requests would be appreciated. Jk ;.7 r PACIFIC EMPLOYERS INSURANCE COMPANY A 11111101111M CW PAC RC ts'MKOYERS taR" OF 64SURMCE COMPANM CALIFORNIA PERFORMANCE BOND PUBLIC WORKS Bell No. M 193567 KNOW ALL MEN BY THESE PRESENTS;That we LOS ALTOS GARBAGE CO. 101 FIRST STREET, LOS ALTOS, CA. as Principal, Hereinafter called the Principal, and PACIFIC EMPLOYERS INSURANCE COMPANY, a California corporation, duly authorized to transact a surety business in the State of California, as Surety, hereinafter called Surety, ar, h®Id and firmly bound unto CITY OF -CWERTINO as Obligee, hereinafter called Obligee, in the sum of FIVE THOUSAND AND 00f10- -� _ Doflais, $5,000.0Q---- 'for the payment whereof the Principal and Surety bind themselves, their heirs: executors, administrators, successors and assigns,_ jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain contract In writing, hereinafter called the contract, dated for: COLLECTION AND TRANSPORTATION OF REFUSE FOR PERIOD COMMENCING MARCH 1, 1973 AND ENDING FEBRUARY 28, 1974. THE SURETY HAS THE OPTION OF RENEWAL BY CONTINUATION CERTIFICATE SIXTY (60) DAYS PRIOR TO FEBRUARY 29, 1974. a c ct which is or may be attached hereto, and which is ^ereay referred to NOW, THEREF?RE, The condition of this Obhgat�,n s that if the Principal shay: well and truly perform the work con- tractec to be performed under said contract, then this ot-ga, ca shalt be otr,elos�se to remain In full force and effect. This t;ad shal( inure to the benefit of the persons henna.--,:e s,:ecttted Un;y so as t; g,ie a rtght 3f achcn to such p-,rsons or the t^efr assigns in any suit brought upon this bon,' "i r,-ttce to Surety shall be addressed to or serves : at f W,t site 8-.. e.arz Los Angeles. California. y SfG,EC SEALED AND DATED this 1ST _ _ __.....__.say f 4ARCH _ 19 73 L4"TOS GARUM CO- �R�r�+ern $75.00 STATE OF C.ALII'�ORN1A + STATE OF CALIFOR!JfA CQCNTYOP __ SAN FRANCISCO ss- c On this day of - MARCH _.., l9 73-.... before me MARJORIE J. THOMPSON CN �r.:g .�C:- ..-. ........ .. a Notary Public,in and for the County and Sa.r aforesaid, residing therein duly commissioned and sworn, personally appeared .._YA _ R. ICNOt+fI.ES 5747E AFORESAID RES�PING Tr+:ER EIrJ D. ............................._.. . ..................... 3 known to me to be the Attorney-in-Fact of Pacific Employers Insurance C.ompaay,the Corporation that erawted the within instrument and also known to me to be the person who executed the within {; inatrumesst an behalf of the Corporation therein named and admowk ed to rate that such Crpora tip emeaned die san19,5 e. s .... znr:" R . Pea PED 124 Notary Public in audio,the St3/f of Gldotoit.cmm1' Y' Wi Ms PACIRC EMPLOYERS INSURANCE COMPANY r. PACIRC EMPaO ERS WOUP OF NSURAlI a COM PAHM //0111E 0"ICE • LOS AKLiEtBE CALIFORNIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: PUBLIC WORKSBON® NO._ M 193567 That we LOS ALTOS GARL&GE CO. — 101 FIRST STREET, LOS ALTOS, CA. as Principal, hereinafter called the Principal, and PACIFIC EMPLOYERS INSURANCE COMPANY, a California corporation, duly authorized to transact a surety business in the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OP CUPMINO __ as Obligee, hereinafter called Obligee, in the sum of FIVE THOUSAND AND 00 100— -- — —Dollars, $5,000.00-----for the payment whereof the Principal and Surety bind themselves, their heirs, executors, administrators successors and assigns,. jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain contract in writing, hereinafter called the contract. dated for COLLECTION AND TRANSPORTATION OF REFUSE FOR PERIOD COMMENCING MARCH 1, 1973 AND ENDING FEBRUARY 28, 1974. THE SURETY HAS THE OPTION OF RENEWAL BY CONTINUATION CERTIFICATE SIXTY (60) DAYS PRIOR TO FEBRUARY 29, 1974. a cagy -f which is or may be attached heietL and which is hereby referred to NOW. THEREFORE The conort,on of this Ob,igatlon is Prat If the Principal shale well and truly perform the wcik con• Nacted to be perfonried under said contract then this obligatiori shall be void, otherwise to ie^•ain In tull 1-ice ano effect This bend shah inure to the benefit f the persons herinabove s;:ec,fied only so as tc give a right t aCh,,ii '. >ur.n persons ci thel� r the:: assigns in any suit t;r;upnt upon this bons; Any notice to Surety shall be addressed tz or served upon it at 4v51' Wilshire Boulevard Lcs Angeles Cal fcrr, a SIGNED SEALED AND DATED this 1ST day of . MARCH L00IALTOS GARBAGE CO. s RE MI $75.00 .z� . •/arc - — ���/.• . PRINCI L PACIFIC EMP OYERS INSUP, CE COMPANY STATE OF CALIFORNIA By f f CC,NTY OF ss N Ifll FACT WAYN)�R. A 1I s ON THIS DA1 OF _. _. I _ ___BFFORE Ms _.� A NO-TARP �UB'_IC IN AND F^li THE COUNT , ANC STATE AFORESAID. RESIDING THEREIN DULY COMn11SSIONED AND SWORN PERSOr4ALI_1' APPEARED KNOWN TO ME TO BE THE ATTC ,:Y IN FACT OF PACIFIC EMPLOvERS INSURANCE COMPANY THE CORPORATION nT EXECUTED T-HE WITHIN INSTRUMENT AND ALSO KNOWN TO ME TO BE .THE: PERS.N WHO EXECUTED THE WITHIN INSTRUMENT ON 5£ HALF OF THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA COUNTY OF aEa l00 Y ^'..i � �♦ `� '�� .M ram. el:: .'o <1 - 7,`., spEcnaGATIONS FOR COLLECTION tip w .I.Y WI N THE CORPORATk LDdTS OF THE CITY OF CUPERTINO A. SECTION l a; 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 Lander 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 Nc. 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 t::rms of the "ontract and in accordance with these Q specifications. t t. SECTION 4 OP TCE LOCATION ARD COMPLAINTS a) iGNPAW TO ESTABLISH OMCZ. 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 c;,urteously, quickly and expeditiously receive and answer all telephone and other calls to said office. A fiaily 1 >g t-)f service calls received and the disposition thereof shall be kept by urte ";�mpany. i c) MISSED COLLECTI0N:1. Company shall ccllect and remove from arty and all premise:_7, within twenty-four (24) i-,ours, and rio later, after notice, demand or request, any and all refuse wizich Company shall have failed to collect and remove as required by these specifications at the regular scheduled time. SECTION { ROUTES a) ROUTES AND TIMES OF COLLECTION. 'rhe Company shall conduct; a City-wide collection of refuse at least once each calendar week, or oftener, if ordered, on a Monday through Saturday r basis. For purposes of such collection, the Company may divide LY' the City into collection districts, or routes, and provide for - 2 - K efferent dam of collection In each of the districts. Such collection districts,.. oraoutes, shell 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 collectled but >' failed to collect at a regularly scheduled time. Collections will not be made New Year's Day, Thanksgiving Day and Christmas Day. - 3 - .r MOM . ., ,..y, r d3 V= OF COLIECTIONS. The Company shall make no collections in -residential districts, or at schools, churches, shopping districts, or ce mercial 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. Stich cards shall be replaced every two years, and, in addition, upc,,, request by occupants or owners of any premises and in advance of route, rate, or regulation changes. s a, AAL x SEG 11V1 COIJZCrrON e� Pi; OF Cat L A Refuse shall he collected and peed - up by the +Company Maids of the' premises where such material is produced, kept 6r accumulated.. or at such other location as may be approved by the City Manager. Occupants of the premises 3 shall not be required to separate garbage from other refuse. A H' 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 shell 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 Bs upon: reques� of trie customer. c) MANNER OF COLLECTION. 1. PERSONNEL REQUI-REMEIVTS. All necessary personnel shall 'be furnished by the Company. All men engaged in e work of removing refuse under the Contrac_ must be English-speaking, United States citizens, must be of sober and industrious habits and of agreeable disposition. Such personnel must obey implicitly P 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 - °it's d �, ted- rep ee atative, shall recelief y�y. Ametructions"thM may be given him by the C$' t 2 vAND, :S . TATgCN RMUIMMTS. The C not fitter any premises or public property in msra- 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 t 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 nis 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 cressing 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 Wew clean and presentable uniforms with the Company's name .,x � r4ft= at all es iile engfted An the,work.. a. MINAGES. The City jWi0g6i may assess -liquidaied S against the Company for violations by the Company o$ ` the service or sanitation requirements of the Contract 6r 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 T P,ANS PORTATZOPI a} TYPE OF C011 CTION VEHICLES; COLOR; SAFETYDEVICES. All equipment use: by the �=pany for the collection and hauling of refuse ;rat; be modern truck type and shall be so constructed, and maintai--.=- as to prevent leakage, spillage, or overflow. Trucks shall n::it be loaded in excess of the manufacturer' s recomLmendati ns. All .rucks and equipment stall be clearly identified b an assig..ed equipment nl.-tuber and with the firm name and locate `a-lephone number affixed thereto. Collection trucks shall be painted a color approved by tree 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 MAINIT VANCE AND REPLACEMENT. the Company shall x institute a complete and comprehensive system of preventative maintenance or. all vehi,•les and shall keep them lubricated _ 7 _ �M :. 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. MR " CONTRACT FOR TF...,` C0LLECTION AND 'TRANSPORTATION OF SSE PRODUCED, KEPT % AND/OF. ACCUMATED IN CITY OF CUPERTINO THIS CONTRACT, made and entered into this 15th day of November , 1965, by and between THE CITY OF CUPERTI�`d0, 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 T. Company has applied for a contract licensing and authorizing said Company to collect and transport refuse-- produced, kept and/or accumm- Ao 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 execu.ticn of such a contract, subject to and in accordance with applicable laws and ordinances; 4 NOW, THEREFORE, for and in consideration of the payments set forth in attached "Schedule B", covenants, promises, under- takings eLnd obligations herein granted, made and assumed by the parti-as hereto, each to the other, the parties hereto agree as follows Y, 1. Term of Contract: City grants to Conpany 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 proviled 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, 1950. 3. Definitions : The terms "Garbage", "Refuse", and "Rubbish" shall be construed to have the same meaning aJ 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 -ity 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 unity 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 _ w"menever the word "ComPau is used;"-Fair., it shall be and la- 'Mutual is understood to refer to the panty or pakties corft ctIng to perrol; to work: 'to be-done under this Copt act, or the leggyl representatives of such party or parties. ,r 4 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 i =' without such consent and spprov�,l shall be void and shall., at the option of City, terminate this Qontraet and the license and privil- eges granted herein. This Contract shall not, nor shall any interest z therein, be assignable, as to the interests of the Company, by opera- tion of law, without the written consent of said Council expressed a by ordinance or resolution. 7. Subcontractor: Company shall not subcontract all or any Y' portion of the work or business which he has contracted to perform wit::out the written consent of the City Manager. 8. Litigation: In the event of any litigation arising out of �4 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 requires to pay in connection with said litigation. a 9. Service Rates : The Company shall not charge any am;,7znt e 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 Y ,e City Council as set forth in "Schedule B" attached, and the original approved service rates in said "Schedule B" shall be the rates established r by the City Council as the basis for the execution of this contract and shall remain in effect through November 1970. Service rates X.. will be re-riewed 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 `�k4r w prepped in the der and form prescribed by the City Manager. y, A :. 10. Co any Collection and Eminent 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 loth 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 ,.he 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 ,ranted 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 - P > prepaid, and addressed to the Company at 101 First Street, Los Altos Callfernial or ,at such other eddress as said Company may = * file fdr- SUeh purpose in the office of the City Clerk of the Cltya Notteeb. 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 b- manner required by this Contract and applicabi:: laws and ordinances 4Y 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 P _ a ' 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 mad provisions herein agreed to be perforated by the Company or required to be performed by his subcontractors;. and payment of all license fees and other mone,,?t herein agr d to be' paid by the Cot'parw. 15. Rules and Regulations of the City MsnMer: 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 inte:crupted 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 zervice 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 Leh tempo .F*y '4qsum ption of the Company t s obligations under .x this' contract shall 'dot be continued by the City for more than one hundred twenty 120) days t'x'pm °the date such operations were under- taken, Should 'the Company ,fall to demonstrate to the satis ction a 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 shali 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 snail pay therefrom only -.hose costs and expenses applicable or allocable to said period. ine excess, if any, of revenue over applicable or all-.(,able cost: and expenses during such period shall be depcsitel' in rhe treasury cf -he "ity to the credit of .rye general fund. .-. i _, �s If ar�� s d,Uring such. peri-A shall be a charge agains: `ne . �r,pany and snail de paid to the City bAr the Company upon demand. Final adjus:-ent and allocation of gross revenue, costs and expenses -.r, the perio. during which the City temporarily assume: a +the obligations of ''i.e C:;;r_pariy shall be determined by an audit by a "Certified Public Acc. untant" 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 namber 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. M n r T't 17. Termination of Contiict s .1 terms and conditions of ' the contract are consldered material and in, the event the Company defaults in the performance of ar, 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 t 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 P 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 urpose of performing the services agreed to be performed by Company. The City shad have the right t � retain possession, of said trues and equipment until other sui Kahle trucks and equipment., can be _urchased or otherwise acquired by the City for said purpose and s',_.all pay the Company ti-,e reasonable rental value of such trucks and equipment daring the time the same are used by the City for said purpose. In addition tc he provisions provided above for tree termina- tion of this Contract, the City may terminare 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 f'iret, second persons. a decision of such comet ttee shall be flialand conclusive upon the parties hereto. 18. 96irs1. Suecessors, etc. : The terms, covenants anti 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 th'-s contract, Company shall furnish to the City and shall file with th. 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, execu1•ed 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 Workma.n ' s Compensation Insurance in accordance with the previsions and require- ments of Division IV of Workman ' s Compensation and Insurance of tr.e Labor Code of the State of California and other applicable laas. 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 - ANIL 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 fro!n the operations of the Company or his subcontractors in conducting the business hereinabove licensed and authorized. Mini- *gum bodily injury or death coverage provided by said insurance shall be One �:�-sdred Thousand ($100,000.00) Dollar:. or bodily injury or death eac: pers.Dn and Three Hundred Thousand ($-'Or ,000.00) Dollars f-r b ,-fly injury or d ea vh of two or -.:ore perscn :, per each occ =once; pr::per adage co erage shall be a minimum of Fifty Thousand D:22ar- er eac . ccurrence. Policies c)r certificates of said insurance, aprro� _ � a.., abcie .shall be file; with the �,ity Cler% � < _ ,within -en, gays after date of t�.is contract. The policy _._:; -ran^e shall ,,� stair. a rrovisicn stating that said insurance i.s p,ri:nar-y coverage an,? will not be cancellable by the insurer except after filing with the City Clerk of City twenty (20) days ' written nctice --f 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, - 11 - • s arising or resulting from or in any way connected with any operati.or,,.s of the Comps 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 sanitatizn requirements of this contract, the specifications at ached nerG4c, or any rules cr regulations established by the Ci_y !`.ar.ager will cause serious and sub. ar.-A.al damage to the Ci-,-r and because of the nature of this contract it would be imprac- ticable or ex.Uremely difficult t:: 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 tr_e 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 (0?, of Section 6 of the Specifications, such sums being agreed on by the parties hereto as the amount which 12 - �i� y' .4 the City will be damaged by the breach of such service or sanitation ' requirements. T* IN WITNESS WHEREOF, City and Company have executed this contract by their officers first thee'unto duly authorized the day and year first written above. ' CITY OF CUPERTINO A M n4 cip 1 Corporation By C __ y` mayor A i_ l *' ATTEST: f�€ By City Clerk CUPERTINO GARBAGE COMPANY .LOS ALTOS GARBAGE COMPANY LAY-, Title and- Title APPROVED AS TO FORM: By city Attorney— .J 1:1 - M UTILITY RATE .�i�M.MULE SCMUIR R-1 DOMESTIC REFUSE CaLLECTTON APPLICABILITY: Thisschedul.e applies to all occupied* single-family domestic dwellings as required by City Ordinance. TERRITORY: r.` Within the incorporated limits of the City of Cupertinc `_ and on land owned. or leased b the City, except as Y Y� P noted below. ` RATES: Separate single-family domestic dwelling MINTMUM 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 7.550 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 #!ten occupied dwelling is defined as any house, cottage, flat, duplex ur_i c., having 1-itchen, bath, and sleeping facilities, aad to which gas or electric service is being rendered. (Continued) • V1gyZ RATE SCHEDULE SCEMbiZ RsI (CONTINUED) n ]tC REFUSE COLLECTION ' RATES: Apartment Dwellings***: MINI" CHARGE . . . . . . . . . . . . . . . $i.50 The minimum charge is basect upon the collection of garbage and refuse from one 32-gallon container. Per Month Collectlons Pur Week One o ' free 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 's 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 L _ s „ �. a t +; • ner' or having all garUag_, sw"' , rel u.�'iC tll waste I e 1t1FsL t cr ivit `ciiai� a containers in one location, the rates shall be as listed above per mon-1h 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. 'rhe 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 matte-., 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 G. • P4. ot which the rues are hereinbefore specified), the rates per x month for wet garbage, shrill or d7 garbage for 32-gallon garbage ems, the contents not to exceed TO pounds in weight for eaeh can, sail be as follows: $1.75 per month per 32=gallon can. (>m. er may utilize- garbage company containers at the following rates: Times fetal & Lid Metal & Lid Metal & Lid. Wood--No Lid per 11 yds. 3 girds. 6 yds. 8 yds. Meek per month per month per month per month 1 $12.00 $21.00 $36.00 $32.00 2 22.00 39.00 56.00 54.00 3 32.00 57.00 76.Q0 76.00 4 42.00 75.00 9r.00 96.oo 5 52.00 93.00 116.00 116.00 6 62.00 111.00 i36.00 136.00 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 minDrium 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 collec'_ion of decaying vegetables a,ld fruit matter in lots of less than two (2) -on , tr:e `'ee ::shall be a flat monthly rate as fixed by t :,- Company and ark r-ved by `ri- 17i.y Council. Customer resronsibi?ity i-r ' ,ar.l:r=- arl ? ?aiming con ainery fire, abrasive or. ' ,'_nag; placed in 'pile ......'L' c in.-LS cLiid . a.usin suU.� ant•ia CI. �ci. .^ .. ! 1r.i S-11. antic :,ie I 3 i(e l,' cubic yci. I',3 '1 11 24.00 6 34.00 8 „ �.2.00 - 3 - _ems ' 6 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 liste(. above, the amount of liquidated damages shall be as determined by the City 114anager on the basis of similarity of the violation to those listed above. x � • . TABLE OF CONTENTS Article Number Title Page Number 3^rY 1 Term of Contract 2 2 Applicable Lays 2 3 Definitions 2 �d h Work to be Done 3 5 Operation as a Separate Entity 3 6 Assignments 3 Subcontractor 8 Litigation 4 9 Service Rates 4 10 Company Collection and Payment to City 5 11 Bankruptcy, etc. 5 12 Notices 5 1- Waivers 6 1. Performance a Condition 6 15 Rules and Regulations of the City of Cupertino 7 z, i6 Interruption of Service by Labor Dispute 7 17 Termination of Contract 9 18 Heirs, Successors., etc. 10 19 Faithful Performance Bond 10 20 Woryman ' s Compensation Insurance 10 21 Public Liability Insurance 11 22 Company to Indemnify and Hold Harmless the City 11 23 Liquidated Damages 12 FAG= 4now ---- r cnNTIMiATI(W CERTIFICATE, SNn NO. Xia35s2 issued by the PACIFIC EMPLOYERS INSURANCE 7 C(%VANY in tho aviount of -DOLLARS ($5,000.00 ) an behalf of in favor of city of Q=rt, Qg _ is hereby continued in force from 1 - . 1974 , to March 1 1975 subject to all the covenants and conditions thereof. This continuation is executed upon the express condition that the Surety's liability under said bond and this and all continuations thereof shall not be cumulative and shall in no etent exceed the sum of Five Thousand----- ($5,000.00 F IN 19ITNESS WHEP%O.", the PACIFIC EMPLOYERS INSURANCE COMPANY has caused this certificate to be executed by its Attorney-in Pact and its corporate seal to be hereunto affixed this 4t11 day of necsmbpr 19�� t PACIFIC' EMPLOYERS INSURANCLP COMPANY Way a R. a -_ �!!ey- n aCt xy x E C M ;A 103M Terra Avemn x1, e:aWwi"95014 Tie 1408►252-4SOs OFFICE OF THE CITY UMAGER April 15, 1974 1== Mr. Burt Avery Avery Construction Company 479 Castro Street Mountain View, CA 94040 Dear Mr. Avery: Thank you for your letter of April 8 reminding me of the request you made sometime ago for customer owned refuse containers. There were several :items at the time of our negotiations with tre Los Altos Garbage Company `hat we discussed but we finally determined to di"Scuss only the rate change and -he staff recommended a 10% increase in lieu of the 20Z increase requested by the company. This al-1 was done with the understanding that further study and coordination would be made with the Los Altos Garbage Company by the staff: to review various possible changes in the rate structure and requirements. Your suggestion will be reviewed with the company at the time we do get involved with these other matters. At the time of the rate increase request it was the staff's opinion after thorough study of their cost figures that we were not convinced that a rate increase of a size they were requesting was in order and that, in fact, various changes should be made by the company in the reporting system as well. as their accounting of costs assignable to Cupertino. We were especially r critical of the depreciation schedule they had set up for containers and trucks. Many of These changes are being made and they are going on the computerized program. As soon as these procedure• are established and we can obtain a better history on the costs attributable to each phase of the operation we, of course, be in a better position to make suggestion of changes. At any rate, the suggestion you have made will be discussed with the company before another rate increase is submitted to the City Council. ROBERT W. QUINLAN CITY MA!L&GER RWQ/bd + CC;. Cif;_ Clerk Franchise viies Joan Vaughn, Alm. Assistant d AMfA%W TEL.EPWME (415) 96T-SM e r 479 CASTRO:iTREET cy MOUNTAIN VIEW. CALIFORNIA 940f0 0 N S T R u C T I O N COMPANY A,ri1 8, ,1974 { Mr. Robert Ouiniar_, Cit.: �.ar,agcr City of Cupertinc 1.0300 Torre Avenue! Cupertino, Calif.crni-- 9301-4 Re: Glenbrook A: artrients Car.bagc ca tr acL Dear Mr. (:linlan: Attac:ied are copied at +'1'? yo ou __ August 9, 19/31, Gild July" il. I <. 1' of 'Jc. 36')A, of the City CouT-,C1 1U oriZiil increa;le I.-. ;Lr. ;_ rates. under"s Lan,.c :.tl_. nec, ssi, ` Or .nrrc%_:,int :a_(_s as S2t 10rti2 in -his rf :vlU C Tn io°at (ter ";'. i.i.'.tt£_r: St lUile ( ,-g&tnC:r a provision in _ I: '"%'i_E 5('L!C(?Ll: ^.ould not Fcr t' ese cUstolPerS tO :,li :tS L:l�'ir C"::L i' ._� Containers. find no suC: o: =icn and .:'..'lid %!:'iir('c1.aLC 1r?vised i2 one might ne be considered :n the :u'_ure. :er-. _rule' _:ours, Avcr-. LLA:ts Enclosures b August 9, 1973 Mr. 'Robert Quinlan, City Manager City of Cupertino 10300 Torre Avenue i Cupertino, California 93'11b Re: Glenbrook Apartments Garbage contract Bear Mr. Quinlan: `. } Attached is a copy of my letter co you of July 11. I noted in the Cupertino Courier that the City most likely will receive < .a request for increased rates on garbage. I hope that the apartment interests in Cupertino will be properly repeesented in your negotiations. I feel that bulk container nick up should receive quite favorable rates for the reasons noted in my prior letter. ; _ I wanted to particularly note at this time my possible interest in purchaaing my osvn 3-vard containers, which I have done in both Mountain View and Sunnyvale. I hope your ne!lotiationa will provide separate prices for garbage pick up and container xental, so we might evaluate the economics of using out containers. If you have any questions or comments, please call. Very truly yours, L. Buri'•Avery LBA:ts Enclosure r-�'' '`L-C_ •_: n:. __: . . _ .1. "1 .'.�... -'. ..._ . _ �.... .t: _ -. _ "/-_ _'1 _ .. i .. r,:i � "; •�•1_ _ _ ! T^fir _.. . _ _.� _ ,-, - . . .-_ � 1 _, _ y _ �. l _.�.._ „_'.l i._C _ ... _ .. ._ �� r FACM..0 LWPLOYLMS INSURANCE COMPANY 0" Cam, SWN 11% Sw Fia ntbm Cmqjwn�s g4111 T (4161 a CONTMUATI(M C ERTWICATE Dom No. M 19 35 Z i by the Ph=nC ZNPTDWM MURA= MANY in the mount of Five Thousand DOLLAW ( $5.0 0 0.0 0 , on behalf of Los Altos Garbage Co. in favor of City of Cupertino is hereby oon .fnued in force fmc March 11 19_75 to March 1, 19 76 , subject to all the covenants and conditions thereof. t.Pl151 c.:.,ariil.Tl.:<ot G:..; s e:x cc1Ltcd uL.on the a-proax cv-n4itirw. that the Surety's liability under said bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the sum of Five Thousand DOLU S ($5,000.001 . IN W17.-AESS WHEMOr,, the PAC:YIC EXPLDYERS INSURANCE COMPANY has caused this certificate: to be executed by its Attorney-in-Fact and its corporate seal to be hereunto affixed this 10nd day on March 19 75 PACIFIC Id2YSRs Ilatu//'fff3t21�t�CE COt �t?'Y BY — __ Attorneey-in-Fact. Larry C. Gerrman G`:Z� 7L)P 'J, 1 �p AGENDA ITEM NUMBER 21 AGENDA DATE November 3, 1975 SUBJECT AND ISSUE Approval of rate for collection of compacted refuse. BACKGROUND Los Altos Garbage Company has requested approval of a rate of $4.25 per yard for compacted refuse. This rate has been used in the past on an intermittent basis, and is brought up now in order to have completeness of record as a result of the expansion of operations by the company in this area. Staff has reviewed the requested rate an found it to be internally compatible with other rates and in line with external market rates. STAFF RECOMIVlEt+9DAT10N Approve requested rate. APPROVED FOR SUBMISSION TO THE CITY COUNCIL Robert W. Quinlan, City Manager CWVPCBs 4-904O w GA RAM 068-4988 LOS ALTOS GARBAGE COO _ b 1265 PEAR AVENUE MOUNTAIN VIEW. cAUBORNIA 940" r' October 16, 1973 r_4 L J., Mr. John Vaughn ,, Administrative Assistant City of Cupertino '?-'__,_.1� r 10300 Torre Avenue' Cupertino, California 95014 Dear John: The Los Altos Garbage Company requests a special rate of $4 .25 per cubic ,yard for compacted refuse. Listed below are the reasons we feel this rate is necessary . A. Special equipment B. Added weight C. Spillage clean up at point of pick up D. Special handling of compactor at point of pick up and return E. RounO trip to dump, average time 2k to 3 hours The following are some of the rates that are used by local contractors: BFI San Mateo 4.50 per cu. yd. BFI San Jose 3.60 per cu. yd. Palo Alto Sanitation 4.50 per cu. yd. Green Valley Disposal 4.50 to 4.75 Los Gatos per cu. yd. Foothill Disposal 3.00 per cu. yd. Mt. View (no dump cost involved) We hope this meets with your approval . If you have any questions please feel free to call . Sincerely, J seph A. Renati Manager JAR/dlk To the City Council City of Cupertino 10300 Torre Avenue Cupertino, California 9SO14 Gentlemen : Los Altos Garbage Company, a co-partnership doing business as Cupertino Garbage Company, does hereby give notice of its election to exercise the option granter' to it under the "Contract for the Collection and Transportation. of Refuse Produced, Kept and/or Accumulated in City ox Cupertino" executed by and between the parties on or about tt,e l5th day of November , 1965 , to extend said contract as amended, and under the term_. and conditions thereof, for a period of five years from a:d after November 1S , 1975 . Dated : LOS ALTOS G Y A Please acknowledg your recei/p of this document by signing and returning a copy thereof in the stamped s return envelope which I enclose. L/ CITY OF CUPERTINO 5 By TAs Altos Garbage Co. 3 of 3 t; RESOLUTION NO. 4060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 3606 BY FIXING AN APPI OVED RATE FOR COMPACTED REFUSE COLLECTION WHEREAS, rates for collection and disposal of refuse by the Los Altos Garbage Company were approved and established by the City Council in Resolu- tion No. 3606, and WHEREAS, a rate for collection of compacted refuse has been requested by companv in order to assure that all company operations are conducted under approved and equitable rates, and WHEREAS, a review has been conducted, finding t;:e ,_equested rate to be reasonable in light of the r_ompetitive mar et and conipr.ny operating costs, and compatible with other approved rates; NOW, Tt1EREFORL, BE IT RESOLVED that a rate of $4.25 per cubic yard of com- pacted refuse is hereby established and approved and that Resolution No. 3606 is hereby updated to indicate such rate. P.1SSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November , 19i5, by the followirg vote: Vote Men..(,i.. of the Citv Council. AYES : Frolich, Me yers, Nellis, Sparks, Jackson NOLS : None ABSENT: None ABSTAIN: None APPROVED: /s/ James E. Jackson Mayor, City of Cupertino ATTEST: Is/ Wm. E. Ryder City Clerk { a i 13x RESOLUTION NO. 3606 r RESOLUTION Ol THE CITY COUYCII. OF THE CITY OF CUPERTINO AUTHORIZING AN INCREASE IN THE SERVICE RATES CHARGEDfY LOS ALTOS GARBAGE CO.-MiANY FOR THE COLLECTION A:.'D DISPOSAL OF REFUSE IN MID FROM THE CITY OF CUPERTINO AND PROVIDING FOR EXA IINATION AND REVISION OF THE CONTI ACT SPECIFICA- TIONS FOR REFUSE COLLECTION WHEREAS, a request for an increase in rates has been received from I.os Aitos Garbage Con,,pany by the City; and WHEREAS, financial statements of revenues and expenses a.�sC) ed with refuse operations within the City have been provid'6 to support the requested rate increase; and WHEREAS, an anlilysis of the_e statements has been conducte? by City staff, and several conferences lie.ld between City staff and represcnr.atives oi: the co.npany re:.u.l.Ling in re-Solution of differences and interpretat-'_o-s ; and W;IIEREAS, -lab .ir .Ind s,..tersal Cost im-rease_s e.-perienced by thi comi)Pn,: have been found t0 l i li J an ia,.,.rease. :in the rates presently i :'. C "rect I:or refuse service; ind WHEREAS, have. JCen :P.n e by the City staff:l L_lr r revisi_n.,; to tho contract bG !lode Gaut :di is reduce the of I e Ct: CI Lille cost increases be'inp _:tiperie.Iced by the __..^DF:r:V an(.] t.nereby allow more profitable operations; •IO:J, TIIEREYCIRE, BE 11' _ES L'.11) by tho City Council cf the City of Cuvertino as Section 1. Rates to be charged by Los Altos GarbFege Company for refuse service, spt Iorih In exhibit attachad hereto E.ad =.da a part hereof, refler-Ling approximately a ten Percent increase in all charges presently in effect, are hereby alit:prized and ap- proved, to be effective imme:iiat lv upon adoption o- this: resolu- tion. Section ? The City Manager is directel to prepare revisions in existiii;; contract vpecificbtions ef:,Y. he feels necessary to reduce collection and dis osal cost., ti.,..s promo*'e operating efficiency for refuse collection and and subriit t'.Iese recommendations to the. City Council. PASSED AND ADOPTED at a regular weetini, ci tioa Cicv Council of the City of CL.pertino '_leis 2,1jit _ day of January 1974 , by the foliowing vot.,: •a s Exhibit "A" Res. No. 3606 Residential Rates Los Altos Garbage CoTpan► Single Familv Residential Monthly Rate One Collection Per Week ^ No. of Cans 2 $ 2.65 3 3.75 4 4.85 5 5.95 6 7.05 Two Collections Per Week No. of Cars 2 5.30 3 7.50 4 9. 70 5 11.90 ® G 14.10 Three Collections Per W,--:ek No. of Cans 2 7.90 3 11.20 4 14.50 5 17.80 6 21.10 Apartments One One C Al.ectien i'er Pickup Outside No. cf Can,-; Per Ln:it 2 2.20 3 3. 30 4 4.40 5 5.50 6 5. Page 2. "# Exhibit "A" # Res. No. 360E DRlex - Triplex - Apartments (continued) P,ck.up Inside Premises No. of Cans Per Unit MontU9 Rate 1 $2.20 2 3.30 3 4.40 4 5.50 5 6.60 6 7.70 Commercial One Collection. Per Week 1-1/2 Yds. 19.80 3 Yds. 33.00 6 Yds. 57.20 Two Collections Per Week 1-1/2 Yds. 30.25 3 Yds. 53.60 6 Yds. 77.00 T-hree Collections Pcr Week 1-1/2 Yds. 44.00 3 Yds. 78.40 6 Yds. 104.50 ® F ur Collections Per Tdeel: 1-1.12 Yds. 57. 75 3 Yds. 103.1.0 6 Yds. 132.00 Five Collections Per Week 1-1/2 Yds. 71.50 3 Yds. 127.90 6 Yds. 1.59.50 Six Collections Per 'Week 1-112 Yds. 85. 25 3 Yds. 152.60 6 Yds. 187.00 Miscellaneous Irregular or Occasional Per Cubic `lard 3.313 Minimum Charge 2.20 Return Service Call 1. 10 Cost of damage repairs to ^ontainers 1-1/2 Yds. 17.60 3 Yds. 26.40 6 Yds. 37.40 r6 TO PLEASS. RETURN �. City of Cuperti., 10300 Torre Avestje ° ! Y Cupertino, CA 95314 RESOLUTION NO. 4062 A RESOLUTION OF TV. CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING AND A1JT!1ORI?ING ERECUTION OF A FRANCHISE AGRE&M MITE LOS ALTOS GAR11AGE COMPANY FOR, REFUSE COLLECTION k WHEREAS. Los Altos Garbage Company and City of Cupertino representatives have met on more than one occasion to review provisions and specifications of refuse collection, removal and disposal within the limits of the City; and WHEREAS, Lose Altos Garbage Company has exercised its option to continue refuse operations for five years commencing November 15, 1975; and WHEREAS, both company and city representatives have agrees: to franchise agreement terns, conditions, specifications 'and considerations to be effective during this five year period which urdate and improve the original agreement for refuse operations; NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Clerk be authorized to execute the franchise agreement for the collection. transportation and disposal of refuse for the City of Cupertino attached hereto and by this reference mace part hereof. PASSED AND ADOPTED at a rcgular meeting of the City Council of the City of Cupertino this � 5th day of January 1976, by the following, vote: Vote Members of the City Council AYES: Mayers, Nellis, Sparks, Jackson NOES: None ABSENT: Frolich ASSTATN: None APPROVED: /s/ James E. Jackson ATTEST: Mayor, City of Cupertino /s/ Wm. E. 'Ryder City Clerk a i RES. DD. 4062 W " Vft THE COLLECTION, . -ANSO Bf 102& 0 REFUSE FOR CITY /VFW�! HE CITY r This agreement is made and entered into this 5th day of JanUM 1976, by and between the CITY OF CUPERTINO, a municipal corporation of the State of California (hereinafter referred to as "City"), and LOS ALTOS GARBAGE COMPANY (hereinafter referred to as "Company"). Whereas, Section 6.24.120 of the Cupertino Municipal Code authorizes the issuance of an exclusive franchise for the collection and disposal of refuse within the City; and Whereas, Section 6.24.120 of the Cupertino Municipal Code provides that the teams and conditions under which the franchise holder must operate are to oe specified in the applicable franchise or contract; NOW, THEREFORE, ir consideration of the award of said franchise and the mutual covenants and conditions set forth herein, the parties hereto agree as follows: ARTICLE 1. GENERAL CONDITIONS AND TERM 1.10 Term and Exclusiveness. City grants to Company for a period of five (5) years commencing Novber 15 1975, the exclusive contract, right and privilege to collect, transport and dispose of all refuse, garbage or waste, as defined in Section 6.24.050 of the Cupertino Municipal Code, produced, kept and/or accumulated in City. 0 tiffµ � 1.20 plicable Low. This agreement is made and entered into pursuant to the provisions of Eger 6.24 of the Cupertino Municipal Code, as it stands or subsequently say be amended, %Wch is hereby incorporated and mnde a part hereof by reference, and pursuant to such State and Federal statutory or administrative laws and rules as bind the parties. 1.30 Use of City Streets. City grants to Company during the term of this agreement the right and privilege to use and operate upon the City maintained streets and other rights-of-way to the extent necessary to perform Company's obligations specified herein. 1.40 Operation as Separate Entity. The Company shall not use a firm nay containing the words "City" or other words implying municipal ownership_ a 1.50 Personnel of Company. 1.51 The Company shall assign a qualified person to be in charge of its operations in the City, and shall inform City of such person's identity and experience. It shall be such person's responsibility to assure that all collection operations are effectively performed and all complaints courteously handled and satisfactorily resolved. 1.52 The City has the right to request the dismissal of any employee of the Catapany who violates any provision hereof or who is habitually reckless, negligent, or discourteous in the per- forman.e of duty. g r l.+f� OfffU* lIe 't and HaIntenance. Amy shall establish and maintain an office where service may be applied for and complaints made. Such office shall have a responsible individual available daily between the hours of 8:00 a.m. and 4:30 p.m., excepting Saturday, Sunday, and such holidays as are recognized by Company and approved by the City Manager. 1.70 Work to be pone. The work to be done under this agreement shall consist of fu•:rnishing the personnel, .Labor add equipment requiaed for the collection, removal and disposal of all refuse, garbage and other solid wastes generated within the corporate limits of U-1- City of Cupertino in accordance with the specifications and terms set forth in this agreement in a manner satisfactory to the City Hav#ger. 1.80 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 necessary or convenient by r*ae City 4 Manager for the enforcement of the provisions of this Contract, the provisions of any and all applicable sanitary lams 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 d I it. =21 2.10 ftWa Tours a3 �Ra�s. The shall provide moor, scheduled rsv.r refuse, garbage and waste collection service an a city-vide basis at best wsse p ,or oftr, as armed for by customer. ` dgell not alter or adjust collection d.hodulAs or routes without providing pair notice to all service addresses, and any w e sDd3fication shall not result lu reduced service frequency to any customer. Company shall at all times comply with City noise and traffic ordinances in collection operations. 2.20 Service Information. The Company shall supply all occupants of premises with printed aaformation cards approved by the City Manager containing information regarding amounts of refuse which will be collected, complaints procedures, rates, regulations, and days of collection. Such cards shall be replaced every I.-oo years, and in addition, upon request by occupants or owners of any premises, and ® in advance of route, rate, or regulation changes. 2.30 Taste Collection Records. The Company shall keep records of wastes collected and maintain these separately from other company operations. Route status sheets for each collection route shall be maintained by Company indicating the address of each service, type and frequency of service and such other pertinent in.fr.vmation as may be required by the City Manager. City shall be provided waste collection records and route status sheets upon request. The Company shall provide a quarterly summary of collection operations within the City, including number of vehicles and amounts collected. 2.40 Missed Collections. Company shall collect and remove from any and all premises, within twenty-four (24) hours of-er demand, notice or request, any and all refuse which Company shall have failed to -collect ® and remove as required at the regular scheduled time. . 2.50 B.itter2 Debris or §RLIIMe on Streets. Company shall not litter premises in the process of making collections nor allow refuse to blow or fall from any vehicle used for collections. Company shall replace lids or covers on containers Imi2ediately after emptying the same and shall repair or replace at its expense any containers damaged as a result of its handling thereof, normal wear and tear excepted. Company shall clean up all spills including oil and debris on the streets resulting from its operation. 2.6U Collections of City Tastes. 2.61 Company, without cost :or charge to the City, shall collect the refuse deposited in sidewalk waste containers, placed by the City on sidewalks throughout the business and commercial distracts, in the same manner and on the same days that refuse collections are made by the Co*.pany from premises within said business and commercial districts. ® 2.62 Company, without cost or charge to the City, shall collect the refuse at various City facilities in the same manner and on the same days that refuse collections are made by the Company from premises within the neighborhoods where City facilities are located, or on a more frequent schedule as may be determined by the City. 2.70 Areawide Cleanup Service. Company shall provide such labor supervision and equipment, at times and dates agreed upon between the parties, sufficient to conduct an areawide cleanup collecLion of acctoulated seasonal and extraordinary refuse. Terms and consideration-for such service shall be in addition to the franchise terms and considerations specified in this agreement. Company shall cooperate in any and every way vith City to effectively provide such cleanup services, including ® accepting wastes collected by City personnel, and permitting City personnel to inspect cleanup operations. ' I 2.80 Eganxion of Services. Company shall extend routes and services promptly upon annexation of new areas to the City or upon other Increase in service demand. Service shall be provided upon all dedicated public streets and private roads when possible, excepting those specific addresses waived by the Cit) Manager. 2.90 Place of Collection. 2.91 Residential refuse shall be collected by Company outside of the premises, free of all enclosures and access restrictions, or at such other location approved by th,! City Manager. Company may establish differential rates for customers desiring alternate collection points at the service address, provided, however, that all such rates are established in accordance with the provisions of section 6.24.120 of the Cupertino Municipal Code. 2.1' Company shall provide detachable containers on a rental basis for use by apartment, commercial, business and industrial customers. Company shall be responsible for the general repair and upkeep of all detachable containers. Containers shall be returned to the proper storage location by Company after collection. Detachable containers shall not be permitted in locations in conflict with City's architectural and site control design standards. ARTICLE 3. EQUIPMOT AND FACILITIES 3.10 Adnuacy. All collection vehicles and equipment shall be so con- structed and maintained to prevent leakage, spillage and overflow. The Company shall maintain all vehicles, detachable containers and debris boxes in a clear and sanitary condition, and shall perform such maintenance necessary to assure each vehicle and piece of equipment capable of performing all functions for which it was designed. 3.20 Markings. Al trucks and equipment shall. be clearly identified with the Company name and current telephone number. 3.30 Right of Refusal. City may refust to permit the operation within the City limits of any vehicle not adequately serviced, cleaned, or ® in need of. repair. Removal of vehicles for servicing and repair shall not relieve the Company from :uaintaining all collection schedules. 3.40 Disposal Site Availability. Company shall maintain adequate disposal facilities for disposal of all refuse and waste generated within the City limits of Cupertino. Unavailability of proper disposal facilities shall not remove Company from responsibility under this agreement. ARTICLE 4. SERVICE RATES: REVIEW 4.10 Rate Authorization. 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 franchise. Approved service rates shall be the rates established by resolution of the City Council. • ' 4.20 Approved Rate Schedule; Revisions. Approved service rates shall be the rates contained in City Council Resolution No. 3606 as the basis for this franchise agreement. Revisions to these rates, if any, shall become effective on 'i:he date specified by resolution of the City Council providing for such revisions, but shall not be retroactive. 4.30 Review Concepts. Rate review shall be based on financial and other applicable operational data. Such data shall include, but not be limited to, historical financial statements required to be filed with the City and to projections of costs related to service levels in the format and detail specified by the City. Rate revisions shall not be made to compensate the Company for losses incurred prior to the effective date of the revised service rates, nor shall rate revisions be made to penalize the Company for profits realized prior to the ® effective date of the revised service rates. Data submitted to sub- stantiate rate increases shall pertain only to operations within the City of Cupertino corporate limits. Where collection routes :involve services within and without the City limits, only that portion cf the route and its associated costs and revenues within the City shall be considered. 4.31 Differential Rates. Differential rates for similar services may be established for those portions of the City where terrain, density or other factors have a demonstrated effect upon Company operational economy and profitability. Rates thus established shall be applied to services only in those geographic or other clearly identifiable circumstances for which they are approved by the City Council. i For rate , all operating and rovdnues for . differential sate areas sast be sisintaUad vsparataY Srm otber Cmqmy financial data. 4.4O Consideration of Resource RwnvWw. Revenues derived through resale, usage, processing, or conversion of secondary materials or energy from solid wastes collected by Company within City are to be considered as company revenues, and for rate review purpoaes shall offset company costs of collection, transport and disposal. ARTICLE 5. ACCOUNTING PROVISIONS. 5.10 Financial Reports for Rate Review. Financial reports and operating data requ- ced by the City for the purpose of any service rate review shall be furnished by the Company at no expense to the City and shall be prepared in the manner and form prescribed by the City. 5.20 Accounting Method. The accounting records of the Company, for purposes of billings, collections and payments of franchise fees, shall be kept on a "cash basis" and the operating year for financial and accounting purposes shall begin October 1 and end September .30. 5.30 Financial Reporting ReSuirements. The Company shall provide the City annually with copies of an annual audit prepared by a certified public accountant who has annexed his opinion thereto. The City Manager may specifji the form and detail of the annual audit and may aspect the financial records of the Company at all reasonable times for any purpose relevant to the performance or enforcement of the franchise provisions. k -lA- u xMffICM 6. XVWMG AM D COMMMON. aw and Colle�ctivn. City 2a to bill to and . an.ra earwsr�.r rnr rr ur +.� ba<llect fry-1wroons receiving sere es the rIate suns of =mey r due for all such services, ui:ilizb* current rater ,a e- - the City Council. Billing and collection shall be conducted eith, onthly or quarterly for each account, but In no case less frequently thaa once per calendar quarter. 6.11 Non—liabili.tt-Y of City. Neither the City nor any of its officers or employees shall be liable for or in any way be resper...ad!e for the payment of any service rates or charges due the Company for performing services within the City corporate limits. 6.12 Remittance by Company. On or before the loth day of each month during the term of this contract, Company shall remit to City a sum . a; of money equal to ten percent ( 0%) of the gross revenues collected by the Company within the City limits during the preceding calendar month. Each monthly remittance to City shall be accompanied by a statement detailing gross receipts from operations conducted or permitted within the City pursuai.t to th-s agreement for the period covered. yt, y. ARTICLE 7. IIQTERRUPTION OF SERVICE BY LABOR DISPUTE. 7.10 Temporary Possession by City. In the event the refuse collection �. or disposal services of the Company are interrupted by a labor dispute and scheduled collection or disposal services are discontinued for more than seventy-two hours, the City shall have the right to forth- with 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 z-,nipment and to *ender 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, that such temporary assumption of the Company's obligations under this Franchise agreement shall not be cantinued by the City for more than one hundred twenty days from the date such operations were undertaken. Should the Company fail to demonstrate to the satis- faction of the City Council that required services can be resumed by the Company prior to the expiration of the aforementioned one hundred twenty days, the Franchise shall be forfeited and '.he rights and privileges granted in such Franchise shall be cancelled and annulled. 7.20 Gross Revenue to City. During any period in which the City has temporarily assumed the obligations of the Company under this Franchise agreement , 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 -12- 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 oss, if any, r 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 acco%ntant and prepared in report form with his opinion annexed thereto. 7.30 Temporary Employment by City. 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 Franchise. Provided, however, that the rate of compensation to be paid such employees, or any other employees, shall be the rate or rates in effect at the time the Company's service was interrupted by the labor dispute. ARTICLE 8. TERMINATION OF FRANCHISE. 8.10 Cancellation by City. All terms and conditions of the Franchise agreement are considered material and in the event the Company defaults in the performance of any of the covenants or agreements to be per- formed by it under the terms of said Franchise agreement, the City shall give the Company thirty (30) days written notice, either by mail or by personal service, setting forth the default, and if the Company fails, neglects or refuses for a period of more than thirty (30) days thereafter to r + -13- make good or perform the default, then City, without further notice and without suit or other proceedings, may cancel and annul the rights and privileges granted in said Franchise. 8.20 Possession of Assets. In the event of termination of the Franchise for default by the Company as hereinabove specified, the City shall have the right forthwith to take possession of trucks and other equipment of the Company, used to perform work under this Franchise. 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. The City shall also have access to ti.e Company's records for the purpose of billing service accounts during the period the City is providing refuse collection and disposal services, and shall retain all fees collected for such services. 8.30 Litigation. In the event of any litigation arising out of a brea--h of this Franchise agreement in which the City 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 '==s which the City may be required to pay in connection with said litigat _n. ARTICLE II. ASSIGNMENTS Company shall not assign this Franchise, 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 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 assign- went. Any assignment without such consent and approval shall be void and - -14- shall, at the option of City, terminate this Franchise and the license and privileges granted. herein. This contract shall not, nor shall any interest therein, be assignable, as to the interests of the Company, by operation of law, without the written consent of said Council expressed b ordiaance or resolution. ARTICLE 12. LEGAL LIABILITY, INSURANCE, BLS 12.10 Public Liability Insurance. Company and his subcontractors, if any, shall, at their sale cost and expense, obtain and maintain in full force and effect throughout the entire term of this Franchise agreement, public liability insurance, approved by the City Manager of the City of Cupertino and approved as to form by the City Attorney ci 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 condr-ting the business 'nereinabove licensed and authorized. Minimum bodil%- inj-_- or death coverage provided by said insurance shall be One Hundred Thes-. 7d (S100,000.00) Dollars for bodily injury or death of each person and F :, Hundred Thousand ($500,000.00) Dollars for bodily injury or deat.. of twc. or more persons, per each occurrence, propert; damage coverage shall ` _ a minimum of Fiftv Thousand (S50,000.00) Dollars per each occurence. Policies or certificates of said insurance, approved as above mentione7:, shall be filad with the Citv Clerk of said City within ten days after date of this contract. The policy of insurance shall contain a provis= on stating; that said insurance is primary coverage and will not be :cance::x.d 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 f.il.- at all times in the office of the City Clerk. r > A t r�j 2 L BMg q T IW Z. BMS < f' 12.10 Public Liablittl Insurance. Company and his subcontractors, "�Ybfi -J if any, shall, at their sole cost and expense, obtain and maintain in full force and effect throughout the entire term of this Franchise agreement, public liability insurance, approved by the City Manager of the City of Cupertino and approved as to foam by the City Attorney of said City. �M Such policy or policies shall insure daid Company and his subcontractors and the City, its o!ficers, agen�s. 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 busiiiess hereinabove licensed and authorized. Minimum 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 Five Hundred Thousand ($500;000.00) Dollars for bodily injury or death of two or more persons, per each occurrence; property #anage coverage shall be a minimum of Fifty Thousand (50,000.00) Dollars per each occurrence. Policies or certificates bf said insurance, approved as alcove mentioned, shall be filed with the City Clerk of said City within ten days after date of this contract. The policy of insuton...e shall contain a lrrovision stating that said Insurance is primary coverage and will not be cancellable by the insurer except after filing with the City Clerk of City twenty (20) days' written notice of any cancellation so proposed. Copies .of such policy or policies or certificates evidencion tW& same shall be 94 file T7K Z,, W In Wf$ <.of the CAi�i.'q CI *.. " " 1- or. -16- 12.30 Faithful Perforce Bond. Upon execution ©Pf thl Franchise agreement Company shall furnish to the City and shall file with the City Clerk of the City a corate surety bond, approved by the City Manager of the City of Cunertino 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) Do%ars, conditioned upon. the faithful performance, by Company and his subcontractors, if any, of this agreement. In lieu of such bond, Company may provide the City with such other security for faithful performance as may be approved by the City Manager. 3 12.40 Workman's Compensation Insurance. Company and his subcontractors, if any, shall obtain and maintain in full force and effect_ throughout the entire term of this Franchise agreement full Workman's Compensation Insurance in ac-wrdance with the provisions and requirements of Division IV of Workman's Compensation and Insurance of the Labor Code of the State of California ara other applicab16-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 of the City. Company shall immediately inform City of any caneellation, withdrawal and/or change of any such insurance. 12.50 Company to Protect and 'Hold Harmless the City. Company s;hall y' protect and save harmless the City, its officers, agants and employees, for and from any and all loss, liability, claims, demands, 00 IMF� actioM90#paults, of my and evezy kind and description, arisUg or resulting from or in any way connected nth any operations of the Company or its subcontractors in exercising any license or privilege granted to his by this Franchise A agreement or by any ordinance of the City, or arising or resulting from the failure of CA=qNmy of his subcontractors to comply in all respects with the providions and requirements {b of this Franchise agreement, of all applicable ordinances of the City and of all other applicable law. Company shall, upon demand of City, at Company's, sole-,mot and ,-defend, .`provide attorneys to defend the City, its officers, 4gents 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 Franchise agreement and with the ordinances and laws herei.nabove mentioned. r 12.60 Waivers. The waiver by City of any breach or violation of any term. covenant or condition of this agreement 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 of 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 agreement or of any applicable law or ordinance. 12.70 Perforce a Condition. This Franchisee agreement and the license and privileges herein granted to Coupany is and are coadltd upon the faithful perfotmance by the Company and by each and every one of his subcontractors, if any; of each sand all of the covenants and provisions herein agreed to be performed by the Company or f�{ required to be performed by his subcontractors: and payment of all license fees and other moneys herein agreed to be paid by the Company. ARTICLE 1-3. DISASTER OPERATIONS 13.10 Company Availability of Personnel and Equipment. In event of v4rtime, natural, physical or other disaster in or pro..imate to the City lim.,:s resulting in the declaration of a State of { Emergency by the City Manager or City Council, Company shall make available to the City at no cost to the City, all trucks, equipment and personnel normally performing services under this Franchise agreement for emergency operations conducted or directed by the City emergency organization. 13.20 Temporary Possession and Employment. City shall have the right to take possession of all such equipment provided by Company, and to temporarily employ all Company personnel so provided as emergency operations forces of the City, under the direction and control of the City disaster operation chief. 13.30 Use of Additional Equipment. Company shall make available, in addition ".--the; equipment and personnel above, equipment. a-id personnel, from these company operations and resources not serving the City of Cupertino, to the extent necessary to conduct ® effective refuse, waste and debris removal during any declared State of Emergency to the specifications of the Disaster Operations Chief. 7 F 13.40 Reimbursement. City shall not be required to comlensate Company in any manner or form for Company provision of vehicles, personnel or egisipment normally performing services under this franchise contract within the City g limits, when made available duriv, a declared State of Emergency. When additional vehicles, personnel or equip- ment are provided during an emergency, City shall compensate Company for actual expenses incurred by Company in providing additional vehicles, upon submission by Company to City of detailed records of coats and expenses actually born by Company, and upon approval by the Federal government of City's reimburse- ment of expenses incurred by Company during disaster. 14.10 Enforcement Res op nsibility. The administration and enforcement of this Franchise agreement shall be the responsibility of the City Manager or designated representativ s of that office. 14.20 Development Review. City shall provide Company with plans for proposed development within the City f-r Company review of adequacy of vehicle access, container storage access, siting, etc. Company shall review all development plans for refuse service problems and submit, in writing, all foreseeable problems to the Director of Tanning and Development of the City. i _20- 14.30 kftulda+ted s. Inasmuch as breach of the service and w-alta tIon requirements of this Franchise agreement or any rules or regulations established by the City Manager will cause serious and substantial damage to the City and because of than nature of this agreement it would be impracticable 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 Franchise agreement 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 amount set forth in Schedule A attached hereto and made a part hereof, such sums being agreed on by the parties hereto as the amount which the City will be dam<<ged by the breach of such servic,. or sanitation requirements. The foregoing remedy is nonexclusive and ® shall not deprive the City Either of its right of cancellation, as set forth in Article 8, Section 8.10, or to pursue any other remedy in law or equity available to it for breach of contract. 14.40 Service Inspection by City. To ensure that the laws governing the performance of the Franchise Agreement are complied with, a representative of the City may inspect the Franchise operations during the term of this Agreement. The City may make inspections of the equipment and facilities at any reasonable hour. At City's request, Company shall make designated personnel available to ac- company City inspectors. 14.50 Subcontractor. Company shall not subcontract all or any portion of the work or business of this Franchise without the written consent of the City Manager. MW ARTICLE 15. PREVIOUS AGREM0rjrS SUPERSEDED 15.10 This franchise agreement revises and supersedes the franchise -'" agreement between the City and Cupertino Garbage Company for the collection and transportation of refuse produced and accumulated in the City of Cupertino, dated November 15, 1965. IN WITAESS WHEREOF, the parties above executed this agreement this Sth day of January , 1976, first above written. CITY OF CUPERTINO By Mayor ® By city C1 Appro as to form: City Attorney LOS ALTOS GARBAGE COM!'ANY y t� a j. SCHEDULE A LIQUIDATED DAMAGES The following are the charges for verified violations of franchise provisions to be used by the City Manager for each separate violation. Early starts $25.00 Equipment not washed as per specifications $5.00 Noise Ordinance violations $25.00 Failure to collect misses within 24 hours $1.5.00 If City equipment is used to pick up misses or respond to complaints, the minimum charge shall be $25.00 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 $10.00 Litter or debris from collection operations or refuse transport $1.0.00 v A For any violations not listed above, the amov...c of liquidated damages shall be as determined by the City Manager on the basis of similarity of the violation to those listed above. R ON Of "im 10300 Tore Avenue Cupertino, Cdiforma 45014 Telephone (408) 252-4505 DEPARTMENT OF ADMINISTRATIVE SERVICES January 22, 1976 Mr. Joseph A. Ren.ati, Manager Los Altos Garbage Co. 1285 Pear Avenue Mountain View, CaliCurnia 94943 FRANCHISE AGREEME T FOR REFUSE COLLECTION Enclosed are three (3) copies of the Franchise Agreement by and between the City of Cupertino and Los Altos Garbage Co. which have been executed by the City. 1dhen the documents have been.. si,(med by your compar:y, please return one (1) copy to this office, as :indicated. ELLI`i PAGNINI DEPUTY CITY CLERK rW tincis. W i 7 I r Cftq Of CIK OFFICE 01- T1IE_ CITY AT—TORNEY f _ 10300 Torre \venue Curler?ino, Cabs. 95014 �y 0GSi 252-4505 .;anuary 19; 1976 �- Ellen Pagnini , Deputy City Clerk ` City of Cupertino 10300 Torre Avenue Cupertino, California RE: Documents for Approval Dear Ellen: Enclosed are three (3) copies of Franchise Agreement for the Ccilection, Transportation and Disposal of Refuse for the City of Cupertino, which I have signed in my capacity as City Attorney. Ve r y 'y yours , V DA.VI D H. ADAMS - City Attorney DHA:di. Enclosures r 4Q f 1 J OD,t� =; AGENDA ITEM NUMBER 3 DATE_April 4, 1977 SUBJECT A14D ISSUE Request of Los Altos Garbage Company for Rate Increase BACKGROUND A request was received for a rate increase in December. The staff, workitg with staff members from other cities served by Los Altos Garbage Company, have gathered sufficient information to substantiate an increase. The increase, however, is less than requested by Los Altos Garbage Company in the single family classification, and does not contain a clause or adjustment in case of an increase in cost as a result of a change in disposal requirements. We believe this matter would he better dealt with at the time a change is required. STAFF RECOMMENDATION We recommend adoption of the Resolution o-i rate adjustments as indicated by Exhibit A attached to the Resolution. APPROVED FOR SUBMISSIOIN TO THE CITY COUNCIL Robert W. Quinlan, City Manager RWQ:j s Encl. PMT Aft g + Of 04m, yk Tti Ro t !l. Quinlan, City Manaf;er DATE: March 29, 1977 John E. Vaughn, Administrative Services Officer.. FROW SUMM LOS ALTOS GARBAGE COMPANY RATES R, Y After numerous meetings and consultations with t►�e Los Altos Garbage Company staff, the City staff has completed its review of the requested rate revisions for refuse collections in Cupertino sought by the Los Altos Garbage Company. As you are aware, the Los Altos Garbage Company originally proposed alternate rate increases in order to maintain profitable operations in Cupertino. The original requests were :`or a 9% increase in rates under existing disposal conditions and a 25% increase should the cost of disposal rise $7.00 per ton as a result of required improvements to the nine-par disposal facility used by the Company. In the course of the several discussions and meetings with the Company, the request for a 25% rate increase was withdrawn due to the recent availability of disposal capacity at both the Mountain View Shoreline disposal facility and at the Stierlin Road disposal facility operated by Firma Corporation. As presented in the supporting documents shown as Exhibits "B" and "C", the 9% increase requested by the Company is the result of increases in the cost of equipment, increased costs from labor resulting from built-in increases in the three year labor contract of the Company, and increased data processing costs through lease of I.B.M. facilities. The rates currently in use by the Company were approved in January of 1974 by the City Council and have thus been in effect for over two years. During this period the general cost of living as indexed by the Consumer Price Index (C.P.I.) for the San Francisco bay area has increased in excess of 26%. In addition to this, the Company maintains that it has born an adverse cost-revenue relationship for at least six months prior to this review, and is facing an uncertain future in the cost of replacement equipment and disposal operations. In the course of the meetings with the representatives of the Los Altos Garbage Company the staff thoroughly reviewed the data submitted by the Company in the support of the request and had meetings to develop a full understanding of the substantiation of the inc<�rase both on an individual basis with Company representa- tives and jointly with the Town of Los Altos Hills and the City of Los Altos. During the course of these meetings, the Company-wide data originally submitted was broken down into jurisdictional operating data for both revenues and expenditures which related Cupertino operations to the Company operations as a whoze and to the activities of the other jurisdictions served by the Company. These data are shown as Exhibit "C" and provide a better understanding of the relationship of Page 2 Memo to Robert W. Quinlan March 29, 1977 Cupertino -revenues and expenditures to those experienced by the Company in its other operations. Throughout the course of these meetings, the representatives of the Company E.nd of its parent corporation, Envirocal, were most cooperative and helpful In explaining the Company's financial situation and needs. Accordingly, it is the staff opinion that the cost data and the revenue information provided is reasonable in view of the Company operation within Cupertino and is consistent with that provided in prior years. In the course of our evaluation, it became evident that no one standard exists as to a recognized and accepted profitability standard for a franchised refuse hauler in the state of California. Although the staff has contacted the League of California Cities and other cities with experience in this area, no standard was forthcoming, which results in the necessity that the standard be developed locally in view of the standards and services provided in the local area. With this in mind the three cities served by Los Altos Garbage Company and undergoing rate reviews, considered the various alternatives and determined that a satisfactory standard was a ratio of revenue to expenses of 93%, or a 93% operating ratio. This 93% operating ratio has been the basis for past Company operations and no evidence was submitted which indicated that conditions had changed substantially enough since the last request to modify the ratio. Accordingly, this operating ratio was one of the items used in evaluating the request of the Company. However, if this standard is to be met in Cupertino in view of the expense increases experienced by the Company, an improvement In the Patio from Cupertino operations must be realized. The staff, therefore, recommends that the rates for Los Altos Garbage Company be increased by the requested 9% in view of the previously cited cost experience and operating ratio that have been developing over the past two years. In developing an equitable rate structure for residential refuse service, however, the staff has taken into consideration the density variances between Cupertino and the surrounding areas of San Jose and has developed a rate which is reflective of the various densities in residential development. As indicated in the attached memorandum from the Assistant Planning Director (Exhibit "D") the Cupertino density for R-1 detached structures is 5.1 units per acre and that of San Jose, 6.5 dwelling units per acre. In developing the rate structure, the staff has assumed equal efficiency of Company operations and has thus created a slightly higher rate per dwelling unit in Cupertino to compensate for the somewhat larger residential properties of this city. Under the proposed new rate structures, however, gross revenues per acre for residential refuse service will be constant between the two areas. As shown in the accompanying resolution authorizing new rates, the new two-can rate For once a week residential service is recommended at $2.90 per month, or an increase of $.25 per month over the current rate of $2.65. The three-can rate increases from $3.75 to $3.95 per month, or an increase of $.20 per month. All other rates in the. .Y G¢' Page 3 Memo to Robert W. Quinlan 5 March 29, 1977 r: new rate schedule have been increased the 9X to provide the additional revenues required by tine Company to maintain acceptable profitable operations. The new rate structure will change Cupertino from the fourth lowest residential rate in Santa Clara County to the fifth lowest as shown in Exhibit "E". However, rate revisions are underway or pending in several of these jurisdictions as industry-wide disposal,labor, and transportation costs undergo inflationary pressures. JEV/lm Attachments APPROVED FOR SUBMISSION: ROBERT W. QUINLAN, CITY MANAGER MMI$IT "A" .. all "I-SIX40 LOB ALTOS GARBAGE CO. is= PFM ASS Jr jt Mr. Robert Quinlan City Manag City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Dear Mr. Quinlan: Enclosed please find our cost breakdown covering Los Altos Garbage Company's operational results for the period October 1, 1975 to September 30, 1976 and also a copy of our annual report which includes all areas serviced. We have also included a projected cost analysis covering two alternatives. (1) The first projection reflects the result of acceptance, March 1, 1977, of the sole use of dine Par sanitary site by Santa Clara County communities with the San Mateo communities using the Marsh Road disposal site in Menlo Park. (2) The second projection reflects the Los Altos Garbage Company operations without the increased disposal charges, however, we have no alternatives or assurances if the Nine Par site is closed. We support acceptance of the first proposal as it will insure our Santa Clara County residents of adequate disposal facilities for the projected twenty year period with all the necessary permits required to operate the land fill . We look forward to a corresponding rate increase which will enable us to continue to provide our customers with the level of service that they have come to accept. We would appreciate your response or comments as soon as possible. Sincerely, f Joseph A. Renati --�' General Manager JAR/dlk Enclosures . EXHIBIT ` B" CITY OF CUPERTINO ' Cost Sheet Los Altos Garbage Company Actual Prod acted FYE 9/30/76 FYE' 9/30/77 Revenue $490,000 $490,000* Expenses: Wages & Taxes $200,000 $218,000 Disposal 44,000 41,000 Gas, Tires, Supplies, Outside Repairs 53,000 54,000 Tax & Licenses 7,000 7,000 Insurance - Health & Welfare & General 23,000 23,000 Office Expense 6,000 6,000 Management Fee & Professional Services 6,000 6,000 Travel & Entertainment , Dues, Miscellaneous 5,000 5,000 Pension & Workmen's Compensation Insurance 1.5,000 19,000 Rent 7,000 7,000 IBM 7,000 9,000 Equipment Rent & Depreciation 41,000 51,000 Franchise Fees 491Q00 49,000 TOTAL $463,000 $495,000 Income (Loss) from Operations $ 27,000 ($ 5 ,000) Required Return (7% of Revenue or 93% or) $ 34 ,000 Total Increase Required $ 39,000 Percentage of Total Increase Required 97 * Actual gross revenues are expected to increase by 2-3% during this period as new construction is occupied. For this comparison the actual revenue for the prior fiscal your has been held constant for analytical convenience, as an increase in gross revenue of this magnitude is offset by cost increases allocated on the basis of pro-rata share of company revenue, and as such would not affect the company's financial experience. + SIT "Col LOS ALTOS GARBAGE COMPANY Allocations of Revenue and Expenses - All Service Areas Projected Fiscal Year Ending 9/30/77 Under Existing Conditions TOTAL SANTA SAN L.A.G. CO. OPERATIONS CLARA MATEO LOS ALTOS PORTOLA (debris PROJECTED CUPERTINO LOS ALTOS COUNTY COUNTY HILLS WOODSIDE VALLEY box, etc. OTHER 22.5% 26.6% 19.7% 4.5% 6.4% 5.1% 3.71 11.0% .5%=DO% Revenue 2,177 490 580 428 98 140 110 80 240 11 Expenses Wages b Taxes (2) 978 218 260 200 45 65 50 35 100 5 Disposal(4) 166 41 45 35 9 6 6 5 17 2 Gas, Tires, Supplies O.R.* 244 54 65 50 10 15 12 10 27 1 Tax, Licenses * 30 7 8 2 1 1 Insurance, HAW, Gen. * 90 23 25 5 5 3 Office Expense * 29 6 6 40 8 2 1 1 22 1 Hgmt. Fee(=Prof. Services)* 30 6 7 1 2 1 Travel & Entertainment, Dues 6 Misc. * 20 5 6 L. J J2 1 1 Pension b W/C, Inc. * 86 19 23 18 3 5 4 3 10 1 Rent * 34 7 9 7 2 2 2 1 4 IBM * 39 9 10 8 2 2 2 2 4 Equip. Rent 6 Depr.* 227 51 60 46 9 14 12 8 26 1 Franchise Fees (1) 140 49 58 14 11 8 Amortization (3) 60 39 _ 9 7 5 __ _ 2,173 495 621 404 88 144 116 84 210 1.1 Income from Operations 4 (5) (41) 24 10 (4) (6) (4) 30 Required Return (7%) 154 34 41 30 _7 10 8 6 17 1 Total Increase Required 150 39 82 6 (3) 14 14 10 (13) 1 Percent Increase Required 9`6 16% 11% 14% 14% * = Based on revenue % Allocation (1)= 10% of revenue projected on areas upon franchises (2)= Based on direct labor survey of all routes (3)= Amount has been excluded from areas franchise, but is considered by Los Altos to be a cost of doing business (4)= Based on disposal survey of weight handled by area serviced. x r.t EXHIBIT "D" ON Of cupe"i" 10300 Torre Ave► a Cupertino, California 95014 (408)252 4505 'i U: Bob Quinlan, City Manager "TE: March 16, 1977 FROM: Robert Corsair, Assistant Planning Director SUBJECT: Residential Density Figures for Cupertino and :pan Jose Cupertino Data: Base date January 1., 1977 f. Developed Acres Iwelling Unit Density DU/Acre R1 Detached 718 3629 5.1 Balance R2, R3, Townhouse 377 4627 12.3 Total 1095 8256 7.54 San Jose Data: Ease date 1974 R1 Detached 24000 155851 = 6.5 as' Balance 3000 53587 = 17.8 y.. Total 27UU0 209438 = 7.76 Note: Figures represent existing deve!opment pattern, i.e. , existing residentially developed acres and existing number of dwellings as of, both base dates. ,d e EXHIBIT "E" ARRAY OF RESIDENTIAL R3 FUSE COLLECfl7N RATES AS OF MARCIi 1, 1977 Rates for Min;mi— Collection Mountain View $ 1.86 Santa Clara .1.90 Sunnyvale 2.00 * Cupertino 2.65 Milpitas 2. 75 Palo Alto 2.95 San Jose 3.11 * Los Altos 3.50 * Unincorporated County 3.60 Campbell. 3.65 Los Gatos 3.65 Monte Serno 3.65 Saratoga 3.65 * Los Altos Nil.l.s 5.40 * Portola Valley 5.40 * Woodside 5.40 * Served by Los Altos Garbage Company 40 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ' AUTHORIZING AN INCREASE IN THE SERVICE RATES CHARGED BY LOS ALTOS GARBAGE COMPANY FOR THE COLLECTION AND DISPOSAL OF REFUSE IN AND FROM THE CITY OF CUPERTINO WHEREAS, an increase in rates has been requested by Los Altos Garbage Company; and WHEREAS, financial statements of revenues and expenses associated with refuse operations within the City have been provided to support the requested rate increase; and WHEREAS, an analysis of these statements has been conducted by City °.; staff and several conferences held between City staff and representatives of the Company, resulting in the finding that labor and material cost increases experienced by the Company justify an increase :in the rates presently in effect for refuse service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino that rates to be charged by Los Altos Garbage Company for refuse service, set forth in Exhibit "A" attached hereto and made a part hereof, reflecting approximately a nine percent (9%) increase in all charg^s presently in effect, are hereby authorized and approved, to be effective May 1, 1977. +.K PASSED AND ADOPTED at a regular meeting o;: the City Council of the City of Cupertino this day of 1977 by the following vote: Members of the City Council Vote AYES: NOES: ABSENT: ABSTAIN: APPROVED: Mayor, City of Cupertino ATTEST: City Clerk wo z CITY OF CUPERTINO s Monthly Rates for Refuse Service >> , Effective May 1, 1977 `` Number of Collections Per Week One (1) Two (2) Three (3) Four (4) Five 5 six 6 A. Single Family Residential 2 Cans (Minimum) $ 2.90 $ 5.80 $ 8. 70 3 Cans 3.95 7.90 11.85 As Established by City Manager 4 Cans 5.`_'0 10.40 15.60 5 Cans h.45 1-1.90 1.9.35 6 Cans 7. 70 15.40 23.10 B. Multiple Fam_ily_Residential (Duplex-triplex-apartments) 1. Curbside pickup 2 Calls (M.inimum) '.40 4.80 3 Carts 3.50 7.00 4 Cans 4.60 9.20 As Established by City Manager 5 Cans 5.70 11-40 6 Cans 6.80 13.60 2. Pickup inside prcmkes 2 Cans (Minimum) .3.50 7.00 3 Cans 4.60 9.20 4 Call i. 71) I1 .4t1 -As Established by City Manager C:ut 4 0. 80 1 1.00 b Cans 7.90 15.80 1. C. Commercial/1ndusirinl Ccult;tinL'T-S 1 1/2 Yard _ 21 .60 33.00 48.00 63.00 78.00 93.00 3 Yard 36.00 58.40 85.00 1.1.2.00 139.00 166.00 6 Yard 62.30 84.00 114.00 114.00 174,.00 204.00 Commercial can service . . . . . 2. 50 per can t ll. Miscel.l.ancous Servir•eti 1 . 01 ca4innttl servlcL,' 2.20 Minimum cliarg>r, $3.30 per yard �'. Repair Lk, dnimiged nnt :rinerti at cost 3. Compacted refuse t ` l � 4.25 per yard 4. Oversized coins (larger titan 32 gal. 1.25 additional per can • s t 1 1 11 QCkq of C"Perebw .i- .:-. - ;'` 10300 Torm Avenue Cl,cawarnis 9501.4 Telephone(408)252-4505 DEPARTMENT OF ADMINISTRATIVE SERVICES April 5, 1977` Los Altos Garbage Company 1285 Pear Avenue Mountain View, California 94043 CITY COUNCIL ACTION This will confirm the action taken by the City Council at its meeting F:a of April 4, 1977 at which an increase in the rate schedules for garbage service was approved. This approval was in the form of adoption of Resolution No. 4435, a copy of which is attached. The adoption of this resolution was conditioned on the successful negotiation of a one can minimum rate to be made applicable only for senior citizens and that during any future discussions concerning the rate schedule these are to include negotiations for the establishment of an across-the-board one can minimum rate. WM. E. YDER, DIRECTOR AD`TNI TRATTVE SERVICES cs encl. cc: City Manager INSURANCE COMPA""'' t�f NibRTH AARERI:A i"'� 1.7� t�9v FIFE INSURANCE C[ A6, OF NOPTH AMEWCA PACIFIC EMptt3wss Gqmw ti v� tt"11NA1 ANNEX BOX 4092 050 WILSHIRE BOULEVARD .fly.t' c, il:5 s f ,,L,'FOPNIA 90051 7213!381-257' .t, CONTINUATION CERTIFICATE BOND NO. M 19 35 67 issued by the PACIFIC EMPLOYERS INSURANCE COMPANY in the amount of x FIVE THOUSAND AND NO IOOTH: ---DOLLARS ($5,01)0.;�0---------------), on behalf of LOS ALTOS GARBAGE COMPANY in favor of CITY OF CUPEP.TINO is hereby continued in force from MARCH 1, 19 77 to March 11 19 78 subject to all the covenants and conditions thereof. This continuation is executed upon the express condition that the surety's liability under ,said bond and this and all continuations thereof shall not be cumulative ,and shall in no event exceed the sum r IVE T.i �USAI:D AND NO/100THS-----------DOLLARS ($ 5,000.00--- ) . I.': WITtiESS "'HEREOF, the PACIFIC EMPLOYERS 1NSUF_-%.NCE COMPA.Vi has sawed this certificate to be executed by its Attorney-in-Fact and its corporate seal to be hereunt-c, affixed this 6TH day on DECE"HE?? 19 7•) r PACIFII J ,,PLOYERS !NSURANS E COMPANY }0 .�/ BY J LARRY C. GERRMAN Attorney-in-Fact A_Ef PVT 0 rM em 2 3 b17 I UJ ni C, E vLM � AUG 2 _ IN TI0"EPART l+IT . .. .. .......... Of qM10 X�- n f: Of Cep _ p TO: Rober_ W. Quinlan City Manager DATE: April 15, 1977 FROM: John E. Vaughn Administrative Services Officer rr SUBJECT: SLd 'OR CITIZEN REFUSE RATE After several meetings with the Los Altos Garbage Company, a rate and administrative structure have been developed to implement the one-can preferred rate for senior citizens refuse collection requested by the City Council in its April 4, 1977 approval of the new refuse rates for Los Altos Garbage Company. The recommended rate is $2.U0 per month for one-can residential service for a qualified senior citizen household. This rate corresponds to the $2.00 per month pilot rate used in the Saa Jose senior citizens program. Because it is not felt equitabie to have all residents, regardless of housing, economic, or family situation, qualify equally for the preferred refuse collection rate, a system of qualification standards has been developed to administer the program. The standards are listed in Exhibit: "B" to Resolution No. 4444 which will implement the preferred rate, and include a requirement of the service recipient to be a head--of-;Zousehold, aged 62 years or older, with refuse service in their name and a gross household income of less than $14,650 per year. This later income is the standard metropolitan statistical area median income for a family of two and it is felt that a .y household in the senior citizen category above this median income should be able to provide for their own refuse collection at Cupertino rates. Households at incomes below this level will be eligible for this rate even if such households consist of only one individual. The recommended process for administerin ; the senior citizens rate is to have applications processedd. through the senior citizen drop-in center on Stevens Creek Blvd. , and the service information on qualified residents forwarded from there to the Los Altos Garbage Compa:-iy for implementation. The rates will become effective May 1, 1977 along with the other rates approved by the City Council on April 4, and will be effective on that date for senior citizen registration prior to that date. Eligible seniors registering after that date will have t.,eir service prorated on the first of the month following their registration. At this point the level of utilization of this rate cannot be precisely determined, although the best estimate is that it will be beneficial to a relatively small number of fixed income senior citizens who reside in the City and caho meet the qualification standards developed for the program. The program will be continually Page 2 Memo to R. W. Quinlan April 15, 1977 monitored during its early test stages by both the Los Altos Garbage Company and City staff, and a follow-up report on utilization of the program should be Tvailable with some accuracy by early summer. Accordingly, it is recommended that Resolution No. 4444 be adopted by the City Council and that the staff be directed to develop such standards as a-e necessary to implement the senior citizens rate on a trial basis effective May 1, 1977. JEV/lm Approved for Submission: Robert W. Qu=elan, ty Manager RESOLUTION NO. 4444 I s A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO PROVIDING FOR SPECIAL RESIDENTIAL REFUSE COLLECTION RATES FOR QUALIFIED RESIDENTS AND ADOPTING A SCHEDULE OF REFUSE COLLECTION RATES WHEREAS, the City Council has determined that reduced quantities of refuse generated by senior citizens in the community warrants a special service level and rates therefore; and WHEREAS, standards have been developed to establish qualifications for the special rate and service level applicable to senior citizens, which are set forth as Exhibit "B" to this resolution; and WHEREAS, City staff and Los Altos Garbage Company have agreed upon the procedures for implementation and administration of the senior citizen re- fuse collection services; NOW, THEREFORE BE IT RESOLVED that the schedule of rates for refuse collection, shown as attachment "A" to this resolution and reflecting a $2.00 per month charge for once a week service to qualified senior citizen households be approved and that staff be directed develop and implement such additional standards of qualification as may prove necessary to administer senior citizen refuse collection services. PASSED A14D ADOPTED at a regular meeting of the Citv Council of the City of Cupertino this _i$th day of. April , 1977, by the following vote: Vote Members of ..he City Council AYES: Jackson, Meyers, Nellis, O'Keefe, Frolich NOES: None ABSENT: `lone ABSTAIN: bne I ATTEST: APPROVED: /s/ Wm. E. Ryder /s/ Donald A. Frolich City Clerk Mayor, City of Cupertino Exhibit "A" Resolution No. 4444 CITY OF CUPERTINO Monthly Rates for Refuse Service Effective May 1, 1977 Number of Collections Per Week One (1) Two (2) Three (3) Four (4) Five (5) Six (6) A. Single. Family Residential 2 Cans (Minimum) $ 2.90 $ 5.80 $ 8.70 3 Cans 3.95 7.90 11.85 As Established by City Manager 4 Cans 5.20 10.40 15.60 5 Cans 6.45 12.90 19.35 6 Cans 7.70 15.40 23.10 R. Multiple Family Residential (Duplex-triplex-apartments) 1. Curbside pickup 2 Cans (Minimum) 2.40 4.80 3 Cans 3.50 7.00 4 Cans 4.60 9.20 As Established by City Manager 5 Cans 5.70 1.1.40 6 Cans 6.80 13.60 2. Pickup inside premises 2 Cans (Minimum) 3.50 7.00 3 Cans 4.60 9.20 4 Cans 5.70 11.40 As Established by City Manager 5 Cans 6.80 13.60 6 Cans 7.90 15.80 C. Commercial/Industrial Containers 1 1/2 Yard 21.60 33.00 48.00 63.00 78.00 93.00 3 Yard 36.00 58.40 85.00 112.00 139.00 166.00 6 Yard 62. 30 84.00 .114.00 144.00 174.00 204.00 Commercial can service. . . . . . . . . . . . 2.50 per can D. Miscellaneous Services 1. Occasional service 2.20 Minimum charge, $3.30 per yard 2. Repair to damaged containers at cost 3. Compacted refuse 4.60 per yard 4. Oversized cans (larger thar. 32 gal. ) 1.25 additional per can 5. Senior Citizen 1-can Residen- tial service 2.00 per month eibit "r Resolution No. 4444 City of Cupertino Qualification Standards for Senior-Citizen Refuse Collection #' (One-can service) In order to qualify for one-can residential service the following conditions must be met; 1. Attainment of a minimum age of 62 years 2. Gross household income less than $14,650 per year 3. Refuse service must be in applicants name 4. Applicant must be head of household 5. Refuse service account must be currently paid (no outstanding balance) K �t N CERTIRCATE OF 11`15 . yry sil '' KIN Dt.I R 1l 11at" d �;I INti1tP��TiC! PRCMtIiS 50 CALIFORNIA STREET, SUITE 800 DRAKE INSURANCE .?1NY "' :AN FRANCISCO. CALIFORNIA 94111 IfsSURANCE 1 �► (415) 433.1440 ` t wet I itAs Il VIA, a Adam for ttl-, eartmGm a Instance is assit:: ALTOS G&REAOE CO. ��'� � OF CUPER UM 10300 Torre Avenue PeAr Avenue 61 Cupertino, CA 95014 tale View, CA 94043 Attn: Deputy City Clerk This 18 to etwtlfy that the Company designated above has Issued to the Insured named hereon the pot•c.es listed below and such policies apply with respect to the heaseds end for Ma coverages and ho"as of habit Ity Indicated by specific entry herelrk subject to all the terms•conditions and eaclus•ons on sutra pos.c.es COVERAGES AND LIMITS OF LIABILITY WIFE Of INSURMCE POLICY NUM41ER E"E,CTIVE EXPIRATION — $adrIT Injury Witi-Idy heorfty passage Ltab.l.tr DATE DATE bats pasa+ ltrr, nretorcr a per orcurrtnce. 1 egg•-41; :", ue►.1ay_ Combined inl;le Li . i t GLA OlOSO 2/1/77 2/1/78 $ o00 $ 500 ow s 500 -ONs ow T�fdmties_Qpegt•onf teYAides ,000 i s�t/ ,0?tD 3 lUI- - lependent Contractors tl tf $ 090 $ tt 000 t to 000 $ 0K10 lrsftdueis-Completed n $ $ rr .Wo $ ,I 0011 _-- X100 Operations Assregate! .000 AAtA _ - AAAI 'Contractual-as described below I t t t // rr e _00 .000 $ _000 $ 000 Ytltr+toWoo Liability_ GLA 01080 2J1/77 2/1/78 Combined ingle L1rrt'it Owned Automobiles s '000 s 500 .000 s 500 .0001 _ let11 Need Automobiles n It to $ ,000 s� 11 a.000 s tr�-M0 IItA loon-Owned. it tt u .O00 $ Ir!-000 --EItA�_ Autemobtle physical Damage- Comprehensive GLA 01060 2/1/77 2/l/78 s Actual Cash Value gore"Light ..a 6 TransportaUon I s ** 11 of Theft II to tt S ** Cosrs.0n or upset n n n Attual Yalu **fr r%1G7C8 Orourt.Drr Loss Parable to Workmen's Co.apensat.on Compensation-Statutory and Emp/orera Liab.Uty oesGr.p6en and Location of Operations. Automobiles Covered,Contracts,Additional Insureds. etc.: Additional Insured: CITY OF CUPERTINO - Address as above. Any operation performed by Named Insured for the City of Cupertino. * On Private Passenger and Commercial Vehicles with load capacity 1500 lbs. or less . I ** Oa Trucks, Truck-type Tractors and Trailers. *** On all vehicles. I r r:-e Ccmn.."y agrees to give- 0 eye written notice to the holder of this Certificate of Inswanco in IM event of cancellation ,.t anw —_J pal co or coverage listed above. KINDLER 6 ucl August 25, 1977 f ste try / COMPANIES AFFORO COVERA"S Baum IAND ADOW-45 tf - LETTERNY A Sm C/11.11MIA 94111 ® T (415) 483.1"0 4,'MER 1A1 W. AN[+ aOORIESS OF 0*SlJ1Rf0 '!AP ANY F rTE _- ` -OMPAN Y D, W^3 comprY Aw L£T�EP ide Ttus is to certify that policies of insurance It w have to the Insured named above and are in force at this time - limos of Lis it t in 9�Piouw� i 1 PAMr I P00CY T� EACH—__ .?)~•F7 A T'F'£+.F INSURAW-C !P. FOL" u� EXPIRATION DATE �-- $ 9C�Pf allTf 6EMEAAL LIABILITY eti 4. _ .,_f r POD?;Y INJURY £ Y gg� �t,'OMPFREHEN'£'tE fOR, I$i ..c �. -a'�ANI k � •� - ,^/A t a;t at r•A!At•�.f S. 5 ® '. ,1;t! fr.t'.i Fp,4.E t7't U 02Ysi 2 1 lfl NE iE I.'= 1'ow t )AMA.r� o, !tiJ ...,-,:-t,F ..t-. �.... � � •Fr,�f�Cs.�,�:,,t1u 'z'C.4�[s+r'2� b r AUTOMOBILE LIABILITY f A.. F•1 , V. A x QU 02395 211179 1,000 X<:E54 .tABILITs VvGR,IRS OMPENSATION �r d ��fr.6cb.{€ !s l.I��llir�• OTHER CoWre.AC{T vate Passenger A Auto Phyn.DaMge 03A 02395 2,/2/79 Fire & Tbef°t/r w:cka Trailers Ooll.ACti All Autos G , Any operation performed by Named Insured for the City of OuperUno p � * 2/6`78 1 {i1T i Qy.C }WJ7iLL 3PM 103W Torre Avenue 1 J Oupertino,, Gd 95014 1 i A$t: Deputy City Claris Joseph N. Pleettl r i k.. f f t f. ' f f 4 • � ; :. • Liz all �. s .r;l� • �f� • ;i CDi Will fp ' ti i �• is F' ' . AMUM y 0 ow 6J9.rsir. New OF amni= FimnACCOMMAMS -' The Partners Los Altos Garbage Company: s We have examined the statement of assets, liabilities, and partners' capital of Los Altos Garbage Company at September, 30, 1975 and 1974, and the related statements of income and expenses, partners ' capital, and source and application of funds for the years then ended. Our examinations were made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As explained in Note 1 to the financial statements, the accounts of the Company are maintained, and the accompanying financial statements have been prepared, generally, on the cash basis, but they include a provision for depreciation of property and equipment and amortization of intangible assets. In our opinion, the financial statements referred to above present fairly the assets and liabilities, of Los Altos Garbage Company at September 30, 1975 and 1974, and its income and expenses, partners ' capital, and source and application of funds for the years then ended, on the basis indicated in the preceding paragraph, consistently applied. We have also examined the accompanying schedule of operating expenses and, in our opinion, this schedule presents fairly the information shown therein on the basis described above. 1 a San Francisco, California, December 12, 1975 r n �' �. (W ASS p 3►*14 1,975 19, ASSETS CURRENT ASSETS: Cash. • . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . • 4,708 31, 926 Accosts receivable. . . . . . . . . . . . . . . . . . . . . . . . . . 625 181 N, 5, 333 322107 PROPERTY AND EQUIPMW (Note 1) : Autos and trucks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361, 341 371,156 Containers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107,487 88,047 Machinery and equipment. . . . . . . . . . . . . . . . . . . . . . 10,473 8,085 Furniture and fixtures. . . . . . . . . . . . . . . . . . . . . . . 11, 231 11, 231 4902532 478, 519 Less accumulated depreciation. . . . . . . . . . . . . . . . 411, 650 373,222 78,882 105, 2*9 -1 INTANGIBLE ASSETS (Note 1) : Refuse contracts (net of accumulated amorti- zation, 1975, $337, 305; ;974,, $272,924) . . . 555, 561 646Yang Goodwill (net of accumulated amortization, 1975, $30,096; 1974, $21, 729) . . . . . . . . . . . . . 614,68? 623,0154 1,170, 248 1, 269, 953 $1, 254,463 $1, 407, 357 LIABI L I TIES AND PARTNERS' CAPITAL CURRENT LIABILITIES: Accounts payable - Affiliates. . . . . . . . . . . . . . . . $ 4, 23 Payroll taxes payable. . . . . . . . . . . . . . . . . . . . . . . . $ 10, 232 3,073 Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 10,531 72196 PARTNERS' CAPITAL (Note 1) . . . . . . . 1,243,2932 1, 61,2542 463 81,407j357 See notes to finamial statements. 3i 6 d u 4f AND �/•/ _ y,. 4�•••••e�•��e•sli�e••e•s�••aaee»n• -till Aft 2W4 boll 751'»_ ,➢r BRION PJW 'h "" COLL . . . . . . . . .. . . . . • ••• • • O O e • • • • • • • G.•.238,t 3 s OPERATING M (Note 1): Refuse p�and w collection. . . . .. . • • . . . . . . . • • 19 068,293 1,0"v 887 .•_ Trees and garage. • • • • • • • • • • • • e • • • • • • • • • • • • • • • 4994,982 418y277 ' e, General and administrative• • • • • • • • • • • • • • . . . . . 516,805 476,081 2,085,080 14 943,245 OPERATING PROFIT. . . . • • • . . . . . . • • . . . . . . . . • . • • . . . • 153,343 145,297 OTHER INCOME ( ) : Lass on sale and abandonment of property .q and equipment. . . e • • e • e . • • • . . . . . . . . . . . . • • . • . �j (9,21�3y) Miscellaneous• • e • • • . • • e • • • • • • • • • • • • • e • • • • • • • e !426 26 428��8, NEWINCOME• e • ee • • • • • • • • • e • • • • • • • • • ee • • • • • . . . . . . 153,771 136, 351 See notes to financial statements. • i • COMPANY CAPITAL 1975 AM 014 sulbo aROCALI �k yy.. - �= BALANCE, 30, 1973. . . . 1,223,667 $333,643 $1,557,310 Fyn,. NET INCOME (IA33) . . . . . . . . . . . . . . 164,145 (27,794) 136, 351 WITHDRAWALS. . . . . . . . . . . . . . . . . . . . — (293,500) (293,50O) BALANCE, 30, 1974. . . . 1,094,312 305,849 1,400,161 { NET INCOME (IA)SS) . . . . . . . . . . . . . . 171,986 (18, 215) 153, 771 6 WVIRDRAVA13. . . . . . . . . . . . . . . . . . . . (275,000) C35,000) (3102 030) BALANCE, sEPTEMMM 30, 1975. . . . $ _9n7�29,9 $252, 634 $1, 243, 9.32 See notes to financial statements. 4 2 { {t .r A., 2915 MMIT 1975 1974 SOMM OF CASE: opierations: Not income. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.53,771 #136,351 Arid items not affecting working capital: Depreciation and amortization (Note 1) . . . . . . . 147,159 183,132 Doss on sale and abandnnment of property and equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,2213 Working capital provided from operations. . . . . . . 300, 930 328,696 :A Proceeds from sales of equipment. . . . . . . . . . . . . . . . . 789 1,100 Changes in noncash working capital items providing or (using) cash: (Increase) decrease in: Accounts receivable. . . . . . . . . . . . . . . . . . . . . . . . . . (444) 33 Increase (decrease) in: Accounts payable - Affiliates. . . . . . . . . . . . . . . . (4,123) 4,123 Payroll tames payable. . . . . . . . . . . . . . . . . . . . . . . . 7,159 (7, 572) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 (157) Cash provided from operations. . . . . . . . . . . . . . . . . . 304,610 326,223 APPLICATION OF CASK: Purchases of equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . 21,828 37,521 Withdrawals by partners. . . . . . . . . . . . . . . . . . . . . . . . . . 310,2000 293,500 331,828 331,021 INCREASE (rEcREASL) IN CASH. . . . . . . . . . . . . . . . . . . . . . . . (270218) (4, 798) CASH, ]MUMING OF YEAR. . . . . . . . . . . . . . . 9 . . . , . . . . . . . . 31, 926 362724 CASH, END OF 42708 31, 926 See notes to financial statements, w" A:THM OAROM NO8i+/• 1. SUMAR ' OP SIGUNCANT ACCOtIitiT G POISCIE.S Mathod of Accocktigg The Compares generally utilizes the cash basis method of accounting, except that the financial statements include a provision for depreciation of property and equipment and amortization of intangible assets. Carrying Amount of Property and Equipment, Intangible Assets and Partners ' Capital Accounts When a change of partners has occurred through purchase of a partner's interest by another, the amount paid by the new partner is recorded as his capital. The excess of the purchase price over the former partner's equity is allocated to property, equipment.. and intangible assets on the basis of their estimated fair value. Depreciation of Property and Equipment Assets are recorded at cost ;plus any adjustments related to a new partner's investment as described above. <� Depreciation is computed on the declining balance method for autos, trucks, and containers and the straight line method for other assets over their respective estimated lives. Depreciation for the years ended September 30, 1975 and 1974, amounted to $47,454 and $68, 386, respectively. i F (Continued) d 1. i yn, k . e Assets tts- f-partners fbr their interes n the:: . is paid . Vkrtnftvbipv $9l9,,s23 vas allocated to reuse immoved fr hislp- *pVemnts with various municipalities-. Amortization on these ogre is is computed on the straight line method over tha remaining terms of the agreements of 1 to 14 years. Amoi ti.zation for the gears ended September 30, 1975 and 1974, amounted to $91, 338 and $106,389, respectively. Goodwill recorded in connection with acquisition of partnership interests in 1971 and thereafter is being amortized over a period of 40 years. Amortization of $8, 367 was charged to 1975 earnings and $8, 357 to 1974 earnings. Income Taxes The allocable taxable income and tax credits of the partner- ship will be reported by the respective partners. 2. COMMLTM Xr.S AND CONTINGENT LIABILITIES The partnership leases its office facilities and garage from an affiliated compan under a lease expiring in 1994. The- rent is $2, 850 per month plus real estate taxes. Los Altos Garbage Company has also entered into certain equipment leases payable in monthly installments. The aggregate annual rentals paya1a1e on leases presently in effect are as follows: Year ending September 30: 1976. . . . . . . . . . . . . . . . . . . . . . . . $:1.44, 427 1977. . . . . . . . . . . . . . . . . . . . . . . . 1371856 1978. . . . . . . . . . . . . . . . . . . . . . . . 123, 641 1979. . . . . . . . . . . . . . . . . . . . . . . . 104, 491 1980. . . . . . . . . . . . . . . . . . . . . . . . 17,163 The partnership is contingently liable at September 30, 1975, as guarantor for bank loans of Envirocal, Inc .,, in the amount nt of $200,000. (Concluded) - R. _ , i e , s, �} 8MM60li CIP Off' TAG EXPIMSES ,. YEW S 30 1975 AND 1974 • • • • • s • • • • • e • • • • •s • • • •197/• • • • • • • • • • • • • • • • • • • • • 1974 PMt 'E TRUCK GENERAL TOTAL TGTAL 4 AND MONEY AND AND OPHRATIM OPERATING COLLECTIf,N GARAGE ADWNISTRATIVE EXPENSES EXPERSES Salaries and wages. . . . . . . . . . . . . . . . . . . . . . . . . . 718,067 $ 90, 545 $3.06, 306 $ 914, 918 $ 878, 350 Franchise fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. 142,103 142,103 133,484 Disposal. . . . . . . . . . . . . . . . . . . • . . . . . • . . . • . . . . . . 184, 722 184, 722 1.78, 967 Employees ' pension plan. . . . . . . . . . . . . . . . . . . . . 25, 73 2, E4.4 26, 370, 25, 740 Gasoline and oil. . . . . . . . . . . . . . . . . . . . . . . . . . . . 90, 839 90, 839 81, 761 Tires and tubes. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33,027 33,027 32, 656 Repair parts and operating supplies . . . . . . . . . 8, 763 49, G54 1, 037 59, 764 57, 931 Outside repairs and maintenance. . . . . . . . . . . . . 8, C44 1, a43 9, 887 38, 378 Depreciation and amortization. e . . . , . • . . . . . . . 46, 574 . 0'), 585 147, 159 -_83, 132 Payroll taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52,052 4, 471 4, -52 E1, 275 56, 366 Other taxes and licenses . . . . . . . . . . . . . . . . . . . . 25, 26E 747 26, 313 16, 668 Compensation insurance. . . . . . . . . . . . . . . . . . • . . . 28, 7,30 28, 700 24,1.40 Insurance. . . . . . . . . . . . . . • . . . . . . . . • . . . . . . . . . . . 45, 781 4,479 ie, tr7� 68, 736 69, 564 Office supplies . . . . . . . . . '5 , 244 • • • • • • • • • • • • • • • • • e 5, rj7 5 657 7 Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . , . 41863 4, 863 4.P678 Postage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . 13, t�2 13, 820 141069 Data processing services charged by affiliate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20, 112 20, 1.12 2, 891 Professional services. . . . • . . . • . . . . . . . . . . . . . . 19, 034 19, 334 9, 390 Subscriptions and dues. . . . . . . . . . ., . . . . . . . . . . . 1, 506 1, 506 1, 500 Utilities. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 3, 158 3, 158 2,139 ® Travel and business promotion. . . . . . . . . . . . . . . - 9, 516 9, 516 6.0632 Management fee - Charged ty parent company. . 21, 000 21, :300 16, 000 Rentals: Trucks and operating equipment. . . . . . . . . . . . 144, 129 422 144, 551 50, 039 Building - Charged by affiliate. . . . . . . . . . . 342200 34, 200 40, 961 ® Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,473 7,1668 12, 141 1023t:5 068, 293 499 982 � . 16, 805 j2j085j02=C_ .412943, 245 i