CC Resolution No. 04-434
RESOLUTION NO. 04-434
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND
AMENDMENT TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF CUPERTINO
AND LOS ALTOS GARBAGE COMPANY, lNC.
The City Council of the City of Cupertino does ordain as follows:
ARTICLE 1 - DEFINITIONS
[Insert New]
Section 1.3. Bulky Wastes.
"Bulky Wastes" means individual items that weigh more than 50 pounds, or are
too large for one person to manage easily. Bulky wastes include large furniture items
(such as couches and cabinets) and appliances (such as washers, dryers and microwave
ovens). Bulky wastes also include refugerators and air conditioners (with Freon),
televisions sets and computer monitors for which a separate charge is applied to
collection.
[Renumber subsequent Sections under Definitions]
[Replace]
Section 1.19. Recyclable Materials.
"Recyclable Materials" means those items designated in EXHIBIT C of this
Agreement; which are separated by residents and businesses from other discards for the
purpose of returning them to economic use, and set out for collection in an approved
container.
1.25. Standard Container.
Standard Container means any container provided by Company for storage and
collection of solid waste, recyclables or compostables (including yardwaste).
A Residential Standard Container means plastic wheeled cart of approximately
32-gallon, 64-gallon, or 96-gallon capacity, distributed by Company for use by residents.
A Commercial Container means plastic wheeled cart of approximately 32-gallon,
64-gallon, or 96-gallon capacity, or metal bins of from I to 6 cubic yard capacity,
approved by the City Manager and provided by Company for use by businesses for solid
waste collection services.
ARTICLE II - GENERAL CONDITIONS AND TERM OF FRANCHISE
Resolution No. 04-434
Section 2.9. Notices:
If to Company:
Los Altos Garbage Company
650 Martin Ayenue
Santa Clara, CA 95050
ARTICLE III. COMPANY SERVICES
[Replace)
Section 3.1.( c). Curbside Recycling - Company shall provide residential Customers with
appropriate Standard Containers into which such Customers may segregate and discard
Recyclables. Company shall collect and remove recyclables from such Containers
weekly, on the same day as Solid Wastes are collected. Company shall collect extra
recyclables set out next to the Standard recycling container, if such recyclables are
properly containerized. Recyclable Materials included for collection are listed in Exhibit
C.
Company and City shall work together to minimize the contamination of the recyclables
set out for collection by residents. The City shall promote recycling and discourage
residents ITom including non-recyclable items in with their recyclables. Company shall
instruct drivers to notify residents when the recyclables they set out are contaminated.
Section 3.1.(e). On-Call Disposal Day Services - Two times per year, Franchisee will
provide On-call collection services to each Residential Service Recipient, upon request.
Franchisee shall provide the services described in EXHIBIT D of this Agreement.
Franchisee shall handle all materials received in a manner that will allow the maximum
amount to be recycled, or otherwise diverted ITom landfill.
Section 3.1.(g). Additional Services
(g. 1.) Mixed Recyclable Collection. Company shall provide Mixed Recyclable
collection, removal and hauling services to commercial businesses.
Company shall charge for such services the rate provided in Exhibit B
Approved Schedule of Rates. Sorting fees associated with this service
shall be the responsibility of Company.
(g.2.) Commercial Cardboard Collection. Company shall provide commercial
cardboard collection, removal and hauling services to commercial
businesses. Sorting fees associated with this service shall be the
responsibility of Company.
(g.3.) Yardwaste Collection. Company shall provide each residential Customer
a 96-gallon wheeled Container into which Customers may segregate and
discard Yardwaste. Company shall collect and remove Yardwaste ITom
such Containers weekly, on the same day as Solid Wastes are collected.
Acceptable yard wastes materials are listed in Exhibit C.
Resolution No. 04-434
(g.4.) Multi-Family/HiJlside Recycling Program. Company shall provide a
recycling program similar to that described in Section 3.1 (c and g.3) of
this Agreement to certain multi-family, hillside and! or "difficult to
service" units, subject to standards to be mutually agreed upon between
the parties.
Delete (g.5.) Residential Mixed Paper Collection
Section 3.5 (e.) - [delete first sentence) CSH!¡¡I!R:; sHall rs¡¡laGsliàs sr 88':8rs SR all
CUEJt8elSf s8RtaÎRSfS iRml8àiatst' after gæpt~'iRg Ÿls satRe aaà BRall repair Sf f9}!lass, at
its 8J~9IU18, QR)' S9æ:aÌR9fB aamagQQ as a nWült grits RanàliRg ths:r;8øf, HQRBal "'gar and
tsar ¡m¡¡s¡¡tsà Company shall restore
[Replace)
Section 3.5 (h.) - Company shall collect large items including:
a) White goods (appliances) which do not contain Freon
b) White goods (appliances) which contain Freon (refrigerators and air
conditioners)
c) Computer monitors and television sets
d) Worn and damaged furniture and household furnishings (such as
carpet)
e) Reusable (undamaged) household goods, toys and textiles to be
donated to a non-profit service organization
Company shall collect bulky items within one week of service request by resident.
Company shall charge for such services the rate provided in Exhibit B. Approved
Schedule of Rates.
[Add)
Section 3.5 (i.) Company shall reduce vehicle exhaust emissions by purchasing or
modifying vehicle engines to run on bio-diesel fuel; or otherwise make changes to
achieve comparable exhaust emission reductions.
[Replace)
Section 3.6. Standardized Containers.
Standardized Containers for residential service shall be wheeled plastic carts, distributed
by Company for use by residents. Company shall distribute one container each for solid
wastes, recyclables and yardwaste to each residential Customer.
The solid waste containers shall be approximately 32-gallon, 64-gallon, or 96-gallon
capacity. Solid waste carts shall be gray.
Recycling carts shall be 64-gallon capacity. Recycling carts shall be blue.
Yardwaste carts shall be 96-gallon capacity. Yardwaste carts shall be tan/brown.
ResolutIon No. 04-4~4
Standardized Containers for commercial businesses shall be either plastic wheeled carts
of approximately 32-gallon, 64-gallon, or 96-gallon capacity, or metal bins of from I to b
cubic yard capacity, distributed by Company.
Company shall maintain, repair and replace, at Company's option, all Standardized
Containers at no charge to the Customer.
Company may refuse to collect and remove solid wastes, recyclables or yardwaste ITom
any cart with a total weight of more than 150 pounds for the cart and included materials,
or if the cart is overflowing, provided that Company informs Customers of the reasons
for such refusal.
ARTICLE IV SERVICE RATES AND ADJUSTMENTS
[Add to end of Section 4.5)
Future Rate Adjustments do not include any compensation adjustment for the provision
of Standardized Containers to Customers, or for loss in revenue received from the sale of
Recyclable Materials.
ARTICLE XIV MISCELLANEOUS TERMS AND CONDITIONS
[Add)
Section 14.11. Additional Provisions
Additional agreements and procedures relating to operations and costs are described in
Exhibit E and incorporated by reference as part of this agreement.
EXHIBITS A - E
Exhibits A through E are hereby incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes said amendment to the ITanchise agreement, effective
immediately.
IT IS FURTHER RESOLVED that the City Council authorizes the City Manager
to execute said amendment on behalf ofthe City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of November 2004, by the following vote:
Resolution No. 04-434
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members ofthe City Council
James, Lowenthal, Sandoval, Wang
Kwok
None
None
APPROVED:
. .~
c~1 -