CC Resolution No. 4062 , ~
~ ~ ~ R~SOLUTION N0. 4062 ~
~ A RESOT UTION OF TH~ CI'1'Y COUNCIL bF THE CtTY OF CUPER7'Ih0
APPROVING AND AUT1i0RIZING EXECUTION OF A FRANCHIS~
AGREEMENT ~•JITL LOS ALTOS GARBAGE~ COP~IPANY .POR R~FUSE
' COLLECTION
4,~HrREAS, Los Altos Garliage Company and City of Cupertino
representat3ves have met on mor.e than one occasion to review provisions
. and specificaCions on refuse collecCion, removal and disposal withir. the
limiCS of the City.; and
~~fIEREAS, Los Altos Gar.bage Company has exercised its option to
continue refuse operations f.or five years commencing 1Vovember 15, 1975; and
1~I~L'P.EAS, both company and ci.ty representatives have agreed to franchise
' agreemen~ terms, cdnditions, specifications and considerations to be
effective during this five year period ~~~hicll update and improve the original
agr.eement for refuse operations;
NOjd, THEREFORE B~ IT RESOLVED that the Mayor and the City Clerl: be
. authorized to execute the franchise agreeMenC for the collection,
~ranspcrtation and disposal of refuse for the City of Cupertino attached
. hereto aiid by this reference made part hereof.
PASSED AND ADOPTED •xt~~& .regular meeting~~nf.~•the~~City~~Council of the
City of Cuperti~no thYS 5th day of January ~ , 1976., by the
~ follo~•iin~ vote: ' ' '
VoCe Members of the City Council
~ygg• Meyers, Nellis, Sparks, Jackson ~ '
' NOES: None
ABSErIT: Frolich
ABSTA?*I: None ~
~ ~ APPROVEll: ' ~
~ /s/ James E. Jackson
ATTEST: Mayor, City of Cupertino
/s/ Wm. E. Ryder
City Clerk
. ~ t ~ ~ ATTACHMENT
. RES. N0. 4062
ti ~ ' ' FP.ANCHISE AGREr.MENT
. ~ • rOR 7'HE .
COLLECTION, TRANSPORTATION ANll.DISPOSAL OF REFUSE
FOR THE CITY OF CUPERTINO •
• ~ u .
' This agreement i.s made and entered into this day of 1975,
by and bet~veen tYie 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 disposa]. of refuse
~within the City; and
Whereas, Section 6.24•.120 of the Cupertino riunicipal Code provides that the
~ terms and conditions under which the franchise holder must operate are to be
. p
specified in the applicable franchise or contract;
NOW, THEREFORE, in 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 TEP.M
1.10 Term and Exclusiveness. City grants to Company for a period of
five (5) years commencing November 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.
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' 1.20 Applicable Laws. This agreement is made and entered into pursuant
~ to the provisions of Chapter 6.24 of the Cupertino Municipal Code, as it
stands or subsequently may be amended, which is hereby incorporated
and made 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.rigllt and privilege to use and operate upon rhe City
. maintained streets and ot'tier 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 name
. containing the.words "City" or ottier words~implying municipal ownerstiip.
1.50 Personnel o'f 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
. per.son's identity and experience. Zt 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 Company who violates any provision hereof or who is
habitually reckless, negligent, or discourteous in the per-
formance of duty.
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,
. 1,60 Office ~stablishment and Maintenance. Company shall establish and
maintain an office where service may be applied for and complaints
made. Such off ice shall have a responsible individual available
- daily between the hours of 8:00 a.m. and 4:30 p.m., er.cepting
Saturday, Sunday, and such holidays as are recognized by Company
and approved by the City Manager.
1.70 Work to be Done. The work to be done under this agreement ~hall
~ consist of furnishing the personnel, labor and equipment required
~ ~ for the collection, removal and disposal of all refuse, garbage and
other solid wastes generated within the corporate limits of the City
of Cupertino in accordance with the specifications and terms set
forth in this agreement in a manner satisfactory to the City Man~ger.
~ 1.80 Rules and Regulations of the City Manager. The City Mana~er shall
have the power to establish rules and r.egulations 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 com~enient 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 ~
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' . - ARTICL~ IZ. ` COI,LECTION 5ERVICE..
' • 2.10 Re~ular Hours and Days: The Company shall provide regular, sch~:duled
reiuse, garbage and waste collection service on a city-wide basis at
least once per week,or~oftener, as arranged for by customer. Company
shall not alter or adjust collection schedul.es~flr routes ~vithout
~ providing prior notice Co a11 service addresses, and any schedule
~ modification shall not result in reduced.service frequency to any
customsr.. Company shall at all times comp].y with City noise and
traffic ordinances in collection operations. ~
2.20 Service Information. The Company shall supply all occupants of
~ premises with printed information cards approved by the City Manager
conta3ning information regarding amounts of refuse which will be '
~ collected, complaints procedures, rates, regulations, and days of
collection. Such cards shall be replaced every t~ao years, and in
addition, upon request by occupants or owners of any premises, and
" in advance of route, rate, or regulation changes. ~ ~
. 2:30 Waste 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 indicaCing the address of each service, type and frequency of
service and such other pertinent information as may be required by
the City Manager.. City shall be provided waste col.lection records
and route status sheets upon request. The Company shall provide a
quarterly summary of collection operations within the CiCy, 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 after demand, notice or
request, any~and all refuse wliich Company shall have failed to collecC
and remove as required at the regular scheduled time.
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; 2.50 Litter, Debris or Spillage on Streets. Company sha11 noL' 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 immediately after. emptying tlie same and
~ shall repa3r or replace at its expense any containers damaged as a
- result of its handl3ng thereof, normal wear and tear excepted. Company
sha11 clean up all spills including oil and debris on the streets
resulting from its operation.
2.60 Collections of City Wastes.
. 2.61 Company, wiChout 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
~ districts, in the same manner and on the same days that refuse
collections are made by the Company from premises wiChin said
busiriess and commercial districts. ~
~ 2.62 Company, without cost nr 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 sche3ule a's may be determined by
the City.
2.70 Areawide Cleanup Service. Company sha11 provide such labor supervision
, and equipment, at times and dates agreed upon between the parties,
sufficient to conduct an areawide cleanup collection of accumulated
~ seasonal and extraordinary refuse. Terms and considerat-ion-for such
service shall be in addition to the franchise terms and considerations
specified in th3s a~reement. Company shall cooperate in any and every
~ way with City to effectively provide such cleanup services, 3.ncludin~
accepting wastes collected by City personnel, and permitting City
personnel td inspect cleanup oper~ta.ons.
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' 2.80 E~tension 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 possiUle, exceptin~
' those specific addresses waived by the City 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 alte.rnate
. collection points at the service address, provided, ho~aever,
' that all such rates are established in accordance with the
provisions of section 6.24.120 of. the Cupertino Municipal Code.
2.~', Company shall provide detachable containers on a rental basis
. for use by apartment, commercial, business and industrial~
~ customer.s. Company shall be responsible for the general repair
~ and upkeep of a1.1 detachable containers. Containers shall be
.ret~rned 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
' des'ign standards.
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• ARTICiE 3. EQUIPM~NT AND FACILITIES
. 3.10 Adequacy. Al1 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 bo~es in a clear and sanitary condition, and sliall perform
such maintenance necessary to assure each vehicle and piece of
equipment capable of performing all functions for whi.ch it was
. designed. ~ •
3.20 Markings. Al1 trucks and equipment shall be clearly identified
with tlie Company name and current telephone number.
3.30 Right of'Refusal. City may refuse to permit the operation within
. the City 1'imits of any vehicle not adequately serviced, cleaned, or
in need of repair. Removal of vehicles for servieing and repair
shall not relieve the Company from maintaining all collection
- schedules.
3.40 Disposal Site Availability. Company shall maintain adequate disposal
, '
faciliti.es 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 permj.tted to
be perfarmed.by the terms of this franchise. Approved service rates -
shall be the rates established by resolution of the City Couucil.
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~ 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 the date specified by resolution of the
City Council providing for such revisions, but shall not be retroactive.
4.30 Review Concepts. Rate review sha11 be based on financial and other
applicable operational data. Sucli 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 pri.or to
the effective date of tl~ie revised service rates; nor shall rate revisions
. . be made to'penalize the Company f.or 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 corparate limits. Where collection routes involve
services within and without the City limits, only that portion of
the route and its associated costs and revenues within the City ~
shall be considered.
4.31 llifferential 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
. Yti .
economy and profitability. P.ates thus established shall be applied
to services only in those geographic or other clearly identifiable
circumstances for which the.y are approved by the City Council.
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. For rate review purposes, all operating costs and revenues for ~
di£fe.rential rate areas must be maintained.separaCely from other Company
~ - f.inancial data. ' . . ,
4.40 Consideration of ~Resource Recovery Revenues. 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 raCe review purposes
~ shall offset company costs of collection, transport and disppsal.
ARTICIE 5. ACCOUNfiING PROVTSI4NS. ~
5.10 Finar_cial Reports for RaCe Review. Financial reports and operating
~ • data required by the City for the purpose of any service rate review .
sha11 be furn3shed by the Company at no expense to the City and
sha17. 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,
sha11 be kept on a"cash basi.s" and the operating year for financial
~nd accounting purposes shall begin October 1 and end September 30.
5.30 Financial Reporting Requirements. The Company shall provide the City ~
~ annual~y with copies of an annual audit prepared by a certified public
~ accountant who has annexed his opinion thereto. The City Manager may
. specify the form and detail of the annual audit and may inspect the
f3nancial~records of the Company at all reasonable times for any
. purpose relevant to the performance or enforcement of t]Ze franchise
provisions. ~ ~
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~ . ARTICLE 6. BILLING I~ND COrIl'ENSATION.
6.10 Company ~Billing and Collecti.on. City allows Company to bill to 311CI
collect from persons receiving services the appropriate sums of money
due for all suck~ serv3ces, utilizing current rates approved by the City
Council. Billing and oollection shall be conducCed either monthl.y •
• ~ or quarterly for each account, but in no case less frequenCly than
once per calendar quarter.
6.11 Non-liability of City. Neither tihe City nor any of its officers~or
employees shall be~liable for or in any way be responsibl.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
of money equal to ten percent (10%) 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 pursuant to this agreement for the period
covered.
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' ARTICLE 7. INTERRUPTION OF SERVICE BY LABOR DISYUT~.
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 fortlz-
with take temporary possession of all facilities and equipment of
the Company for the purpose of continuing the service wl~ich 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 f.acilities and equipment and to render the required service
~ until the Company can demonstrate to the satisfaction of the CiL-y
Council that required services can be resumed by'the Company; pr~vided,
. however, that such temporary assumption of the Company's obligations
~ under this Franchise agreement shall not be continued by the City for
more than one hundred t~venty days from the date such operations ~aere
undertaken. Should the Company f ail 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 the rights and
~ privileges granted in such Franchise shall be cancelled and annulled.
7.20 Gross Revenue to City. During any pEriod in which t11e 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
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' excess, if any,. of revenue over applicable or allocable costs and
expenses during such period shall be deposited in the treasury
~ of the~City to the.credit of the General Fund. The loss, if any,
' during such period shall be a charge against the Company and shall
be paid to the City by the Company upon demand. Final adjusLment
and allocation of gross revenue, costs and expenses to the period
. during which the City temporarily assumed the obligations of the
~ Company shall be determined by an audit by a certified public
accountant and prepared in report form with his 'opinion _
annexed thereto.
7.30 Temporary Employment by City. ~~mployees of the Company may be
employed by the City duri.ng any period in which the City temporarily
assumes the~obligations af 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-perf.ormance of any of the covenants or agreements to be per-
. , ~formed by it under the terms of said Franchise agreemenC, the City
shall give the Company thirty (30) days writ-ten notice, either by mai]. or by
personal service, setting forth tihe default, and if the Company fails,
/
. . neglects or refuses for a period of more than thirty (30) days the~-eaLCer to
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' malce good or perform the default, then City, ~oithout Lurther notl.ce
and without suit or other proceedings, may cancel and annul the rights
, and privileges granted in said Francliise.
8.20 Possession of Assets.. In the event of termination of the I'ranchise
. for default by the Company as hereinabove specified, the City
' shall have the right forthwith to take possession o£ trucks and
~ , other equipment of the Company, used to perform work under this
Franchise. The City shall have ttle~right ~to retain possession of
said trucks and equipment until other suitable trucks and equi.pment
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 the 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~breach
of this Franchise agreement in which the City is the successful partv,
the Company shall pay to the City any and all costs and expenses in
connection caith such litigation, together with any and all attorney fees
which the City may be required to pay in connection with said litigation.
~ARTICLE II. ASSIGNMGNTS ~ ~
.
Company shall not assign this FrancY~ise, 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 subsPquent assign-
ment. Any assignment without such consent and approval shall t+e void and
_ ~ ' -14-
- shall, at the ,option of City, terminate thi.s Franchise and the
• . license and privileges~ granted herei:n. This contract sha11 not,
~ nor shall any interest therein, be assignable, as to the i~lterests
~ of. the Company, by operation of la~a, ~aithout the written consent of
said Council expressed by ordinance or resolution.
~ ARTICLE 12. LEGAL LIABILITY, INSURANCE, BONDS ~
12.10 Public Liability Insurance. Company and his subcontractors, if
any, shall, at their sole cost and.expense, obtain and maintain in
full force and eff.ect 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 of
• said City. Such policy or policies shall insure said Company and his
subcontractors and the City, its officers, agents and empl.oyee.~, ~nd
~ 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 i.n conducting
the business hereinabove licensed and authorized. Minimum bodily injury
or ~de:ith coverage provi.ded 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 ~~rsons, per each occurrence; property damage cover.age shall be a
minimum of Fifty Thousand ($50,000.00) Dollars per each occur.ence.
Policies or certificates of said insurance, approved as above mentioned,
shall be filed with the City Clerk o~ said City within ten days after
' date of this contract. The policy of insurance shall contain a provision
stating that said insurance is primary coverage and will not be cancel.led
by ~the insurer except after filing with the City Clerk of.City twenty (20)
days' writCen notice of any cancellation so proposed. Copies of sucY~
policy or poli.cies or. certificates evidencing the same sliall be on file
~ at all times.in the office of the City Clerk.
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" ARTICLE 12. L~GAL LIAB7LITY, INSURANCL, BONnS
12.10 Public Liability Insurance. Company.and his subcont-ractors,
if any, shall, at their so].e cost and expense, obtai.n and
~ maintain.in full force and effect throughout rhe entire Lerm
of tliis Franchise agreement, public liability insurance,
approved by the City rianager of ttie City of Cupertino and
~ apProved as to form by the City Attorney of said CiCy.
~ 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 Co and of any person or persons and f:or any
property damage, arising or resulting from the operations of
the Company or his subcontractors in conducting the business
. hereinabave licensed and authorized. M~iiiimum bodily injury
~ or. death coverage provided by said in.surance shall be One ~
Hundred Thousand ($100,000.00) Dollars for. bodily in,jury'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 damage o~verage shall be a
• minimum of.Fi£ty Thousand (50,000.00) Dollars per each
occurrence. Policies or certificates tif said insurance, •
approved as above mentioned, shall be filed with the City Clerk
of said City within ten days after date of this contract. The
policy of insurance shall c~ntain a;provision stating that said ,
insurance is primary coverage and will not tie cancellab~e by the
insurer excepC after filing with the City Clerk of City twenty (20)
days` written notice of any cancellation so propo.sed. Copies~of
such policy or pol.icies or certi£icates evidencing the same stiall be
on f.ile at all times in the off3ce of the City Clerk.
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12.30 raithf.ul Performance Bond. Upon execution of this Franchise
, agreement Company shall furnish to the City and shall file with
the City C1erk of the City a corporate surety bond, approved by
the City Manager of the City of CuperCino and approved as to form •
- ~ by the City Attorney of said City, executed by the Company as
~ principal and by a corporate surety as surety, in the sum of
Five Thousand ($5,000.00) Dollars, conditioned upon the faithful
performance, by Company and his subcontractors, it 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. ~
~ 12.40 ~dorkman's Compensation Insurance. Company and his subcontractors,
if any, shall obtain and maintain in full force and effect
throughouC the entire term of tl~is Franchise agreement £ull •
Workman's Compensatiori Insurance in accordance with the proviSions
and requirements of Division IV of Workman's CompensaCinn and
Insurarice of the Labor Code of the State of California and other
• applicabl:~,~.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 o£ the Gity. Company shall
~ immediately inform City of any caneellatinn, withdrawal and/or
change of any such insurance. ~
12.50 Company to Protect and'Hold Harmless the City. Company shall '
protec~ ~nd save harmless L•he City, its officers, agents and
employees, f:or and from any and all loss,~ liabi].ity, claims, demands,
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• _ actions:.or~su~.ts, ot any and every kind and description,
arising or resulting from or in any way connected with any
operations of the Company or its sub~contractiors in exercising
any license or privilege granted to him by this Franchise
agreement or by any or.dinance o£ the City, or arising or
• resulting fron? the failure of Company of his subcontractors to
comply in all respects wiCh the provi~ions and requirements
of this Franchise agreement, of all applicable ordinances oi
, the City and of all other applicable laws. Company shall, upon
demand of City, a~ Company's.sole:cost and expense,.:defend,~~and~provide
attorneys to defend the City, its officers, ~gents 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'connecCed with tihe above-mentioned operations of Company
~ or his subcontractors or his subcontractor's fail.ure to comply with
this Franchise agreement and with the ordinances and laws hereinabove ~~.:c
~ mentioned.
12.60 Waivers. The waiver by City of any breach or violaCion of any term,
covenan~ or condition of this agreement or of any provision, ordinance
or law sha11 not be deemed to be a waiver of such term, covenant,
condition, ordinance or la~a, or of any subsequent breach or
~;violation of the same of or of any other term, covenant, condition,
ordinance or law. The subsequenti acceptance by City of any ].icense
fee or of any other moneys which may become due hereunder to the
City shall not be de~med to be a waiver of any preceding breach
or violation by Company of any term, covenant or condiCion of this
agreemenC or of any applicable latv or ordinance.
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' 12.70 Performance a Condition. This ~ranchise agreement and the license
~ and privileges herein granted to Company is and are conditioned
upon the faithful per£ormance by the Company and by each and every
' , one of his subcontractors; if any; of each arid all of the covenanr~
~ and provisions herein agreed to be performed by the Company or
required to be performed by his subcontractors: and payment of a11
li~ense fees and other moneys herein agreed to be paid by the Company.
' • A1tTICLE 13. DISASTER OPERATIONS
13.].0 Company Availability of Personnel and Equipment-. In event of
wartime, natural, physical or other disaster in or proximaee ~
~ ~ to the City limitis resulting in the declaration of a State of
Emergency by the City Manager or City Council~ Company sh~11 make
available to tha City at no cost to the City, all trucks,
equipment xnd personnel normally performing services under this
Franct:ise agreement,for emergency operations conducted or directed
by the City emergency organization. ~
13.20 Tem orar Possession and ~m lo
_ P Y p yment. City shall have the right
to take p^ssession of all such equipment provided by Company,
, .
. and to temporarily empl.oy all Company personnel so provided
as emergency.operations forces of the City, under Che direction
and control of the City disaster operation chief.
13.30 Use of Additional Equipment. Company sha1L make available, in
~ addition,to. the;~equipment and~ personnel.above, equ~.pmen.t~~_and
, personnel, from those 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
o£ Emergency to the specifications of the Disaster Operations Ctiief.
i i~ - •
. -19-
13.40 Reimbursement. City shall not be required to compensate
Company in any manner or form for Company provision of
vehicles, per.somiel or equipment normally performing .
• ~ services under this franchise contract within the City
limits, when made available during a declared State of
Emergency. When additional vehic].es, personnel or equip- '
ment are provided~ during an emergency, Ci~ty shall compensate
Company for actual expenses incurred by ~ompany in providing
additional vehicles, upon submission by Company to City of ~
detailed records of costs and expenses actually born by Company,
and upon approval by the Federal government of City's reimburse-
~ ment ot expenses incurred by Company during disaster.
14.10 Enforcement Responsibility. The administration and enforcement of.
this Frznchise agreement shaJ_1 be the responsibility of the City
Manager or designated representatives of that office.
14.20 Development Review. City shall provide Company ~vith plans for
proposed development within the City for 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
Di.rector of Planning and Development of the City.
' ~ -20-
~ 14.30 Liquidated Damages. Inasmuch as breach of the service and
, . sanitation requirements of this Franchise agreement or any
. rules or regulations established by the City Manager wi11 cause
serious and substantial damage to the City and because of the
, nature of this.agreement it would be impracticable or extremely
, difficult to fix the actual damage sustained by tlle City by such .
breach, it is agreed that in case of breach of the service or
sanitation requirements of this Franchise agreement or any ru].es
or regulations of the City Manager the Company on their part
~ will pay to City as liquidated damages, and noC 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 damaged by the breach of such service 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 m~y 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,
: . .
~ . ~ ~ -zl-
' ARTICLE 15. PREVIOUS AGRE~MENTS 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 jdITNESS t,~iEREOF, the parties above executed this agreement this
. day of , 1975, first above written.
CITY OF CUPERTIIIO
. . By .
Mayor_
~ ~ By .
' City Clerk
Approved as to form: -
~ City Attorney . LOS ALTOS GARBAGE COMPAI~IY •
~ _ SCHEDUL~ A ~
LIQUIDATLD DAMAGES
The following are the charges for verified violations of franchise provisions
to be used by the City Manager for each separate violation.
. ~arly starts $25.00
~ .
Equipment.not washed as per specificatibns $5.00.
Noise Ordinance violations $25.00 ,
I'ailure to collect misses within 24 hours $].5.00
If City equi.pment 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 unner_essary noise, failure to replace cans in
. designated position, spillage, not closing gate,
crossing planted areas or similar violati.ons $10.00
, Litter or debris from collection operations or ~ •
. . refuse transport $10.00
For any violations not listed aliove, the amount of '
liquidated damages shall be as determined by the .
City Manager on the basis of similarity of the
violation to those listed above.
i I ~
RESOLUTION N0. 4062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING AND AUTHORIZING EXECUTION OF A FRANCHISE
AGREEMENT WIT~I ,LO5 ALTOS '.GARBAGE' ~COMPANY~ ~FOR REFUSE
COLLECTION
WHEREAS, Los Altos Garbage Company and City of Cupertino
representatives have met on more than one occasion to review provisions
and specif3cations on refuse collection, removal and disposal w3thin the
limits of the City; and
~~iEREAS, Los 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 agreed to franchise
agreement terms, conditions, specifications and considerations to be
effective during this five year period whicli update and improve the original
agreement for refuse operations;
NOW, THEREFORE BE IT RESOLVED that the Mayor and the City Clerk be
authorized to execute tlie franchise agreemen~ for the collection,
transportation and disposal of refuse for the City of Cupertino attached
hereto and by this reference made part liereof.
PASSED AND ADOPTED~~at~•s ,re.gular meeting~•of~~~he•~City~~Council of the
City of Cupert~,no th~:'s 5th' day~ of Janua~ 1976,, by the
following vote:~ '
Vote Members of the City Council
AYES• Meyers, Nellis, Sparks, Jackson
NOES: None
ABSENT: Frolich
ABSTAIN: None ,
APPROVED:
/s/ James E. Jackson
ATTEST: Mayor, City of Cupertino
/s/ Wm. E. Ryder
City Clerk