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89-123 International Disposal Corp. of California,(BFI) agreement for disposal of Municipal solid waste, Reso 8463 City Hall
10300 Torre Avenue
Cupertino,CA 95014-3255
Telephone: (408)777-3223
FAX: (408)777-3366
Website:www.cupertino.org
OFFICE OF THE CITY CLERK
December 8, 2000
Cory Biggs
Maze&Associates
1670 Riviera Avenue, Ste. 100
Walnut Creek, CA 94596
RE: BFI CONTRACT
Dear Mr. Biggs:
Enclosed is a copy of the BFI agreement and some related documents. The auditors
requested a copy be sent to you. If there are any further questions, contact our office.
Thank you.
Sincerely,
Marie Preston
Administrative Clerk
Enc.:
• Agreement for disposal of municipal solid waste between the City of Cupertino and
International disposal corp. of California—April 11, 1989
• Resolution 8463, "A resolution of the City Council of the City of Cupertino approving
cost-of-living adjustment in service'rates charged by Los Altos Garbage Company for
collection and disposal of refuse and establishing inverted rte structure"—July 29,,1991
• Interdepartmental note",Agreement for disposal of municipal solid waste International
Disposal Corp. of California(BFI)" -Feb. 22, 1989
6
AGREEEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE
BETWEEN
THE CITY OF CUPERTINO
._a.. '`iL^
AND
INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA
i
9470-1
K �
TABLE Ota CONTENTS
SECTION
PAGE
RECITALS . . . . . . . • 1
1 • DEFI-NITIONS . . , . , , • 1
1 .1 Allocation Quantity 2
1 .2 Ash . . . • . 2
1 . 3 Biomedical Waste • 3
1.4 City • • • • 3
1.5 Clean up Campaign • 3
1.6 Contractor . . 0 • • . 4
1.7 Curbside Recycling Credit • • • 4
1.8 Curbside Recycling Program 4
1 . 9 Debris Box • . 4
1 .10 Designated Hauler 4
1 ,11 Disposal Facility . . • , , , , . . , • 4
1. 12 Hazardous Wmate . . . . • e • 5
1 . 13 Maintenance Waste . 6
1.14 Municipal Solid waste . 6
1 .15 Publicly Hauled Waste , 7
1 .16 Rate Adjustment Date . . • • • • 7
1 . 17 Recyclery . . . • 0 . • • 7
1. 18 Recycling . . • . . • 7
1 .19 Recycling Incentive Taxes . . . . 6
1 .20 Regulatory Changes . . • • . • • . 8
1 .21 Residential Waste . . . • . . • • . . . . 8
1 .22 Santa Clara County Municipalities , 8
1 .23 Taxes . . . . • • a • 8
1 .24 Tipping Fee . . . . . . 9
1. 26 Ton . . . . . . . . . . . . . . • 9
1 .26 Tranferee Municipality . • . • . • • • . • • 9
1 . 27 Waste-to-Energy Facility . . . . . . . . . . 9
2. CITY' S RESPONSIBILITIES . . . . . . . . 10
2.1 Delivery of Municipal Solid waste . 10
2.2 Waste-to-Energy Facility. . . . . . . . . . . 10
2. 3 Unauthorized Waste• . • • . • • • .
2.4 Debris Box Municipal Solid Waste. . . 11
3. CONTRACTOR' S RESPONSIBILITIES . . . . . . • . 11
3.1 Receipt of municipal Solid haste . . . . . 11
3.2 Operational Requirements , 12
3. 2.1 Hours . . • 12
3.2.2 Signs . . . . . . . . . . . . . . . 12
3. 2. 3 Site Access e . . • • . • • • . • 12
3.2.4 Scales, Cubic Yard Conversion . . , 13
3.2.5 Records . . . • • • • 13
9470-1 - i -
3.3 Designated Haulers . . . . . . . . . . . . . . 13
3.3.1 Acceptance of Waste . . . . . . . . . 13
3.3:2 City Designation . . . . . . . . . . . 14
3. 3.3 No Preference . . . . . . . . . . . 14
3.4 Curbside Recycling Programs . . . . . . . . . 14
3.4.1 Curbside Recycling Credit . . . . . . . 14
3.4.2 Contractor Curbside
Recycling Program . . . . . . . . . . 15
3.5 Unauthorized Waste . . . . . . . . . . . 16
3.6 Compliance with Laws and Regulations . . . . 17
3.7 Permits, Licenses, Approvals . . . . . . . . 17
3.7.1 Contractor to Obtain . . . . . . . . . 17
3.7.2 Closure Plan . . . . . . . . . . . . . 18
3 .8 Inspection of Operations . . . . . . . . . . 18
3. 9 Labor Force . . . . . . . . . . . . . . . 18
3. 9. 1 Employment . . . . . . . . 18
3.9.2 Safety Provisions . . . . . . 19
3.10 Discrimination Prohibited . . . . . . . . . . 19
4,. TERM OF AGREEMENT . . . . . . . . . . . . . . . . . 19
4.1 Effective Date of Performance . . . . . . . . 19
4 .2 Termination . . . . . . . . . . . . . . . . . 19
5. COMPENSATION . . . . . . . . . . . . . . . . . . . 20
5.1 Tipping Fee . . . . . . . . . . . . . . . . . 20 .
5.2 Annual Adjustment of Tipping Fee . . . . . 20
5. 3 City Recycle/Transfer Station . . . . . . . . 22
5.4 Other Adjustments . . . . . . . . . . . . . 23
5.4. 1 . Regulatory Changes . . . . . . . . . . 23
5.4.2 Termination by City 24
5.4 .3 City' s Proportionate Share 25
5.4.4 Taxes . . . . . . . . . . . . . . . . 27
5.5 Payment . . . . . . . . . . . . . . . . . . . 27
5.5.1 Monthly Invoice and Report . . . . . . 27
5.5.2 Time of City' s Payment . . . 28
5.5.3 Payment for Publicly Hauled Waste. 28
5.6 Full Payment . . . . . . . . . . . . . . 29
9470-1
4
~ 6. ASSIGNMENT AND USE OF ALLOCATION QUANTITY 29
7 . ASSURANCE OF PERFORMANCE. . . . . . . . . . . . . . 30
7 .1 Force Majeure . . . . . . . . . . . . . . . . 30
7.1 .1 Events Resulting in Force Majeure. . . 30
7.1 .2 Suspension of Obligations . . . . . . 30
7.1 .3 Alternative Disposal Arrangements. . . 31
7. 2 Performance Bond . . . . . . . . . . . . . . 32
7. 3 Insurance Requirements . . . . . . . . . . . 32
7.4 Hold Harmless and Indemnification . . . . . . 33
7 .4 .1 By Contractor . . . . . . . . . . . . 33
7.4.2 By City 34
7 .4. 3 Negligence Defined 34
7.4.4 Notice and Access . . . . . . . . . 35
7.4. 5 Insurance Coverage . . . . . . . . . 35
7.4.6 Survival . . . . . . . . . . . . . 36
7. 5 Suspension or Termination For Default . . 36
8. GENERAL PROVISIONS. . . . . . . . . . . . . . . . . 38
8.1 Independent Contractor. . . . . . . . . . . . 38
8. 2 City Warranty . . . . . . . . . . . . . . . . 39
8 . 3 Venue . . . . . . . . . . . . . . . . . . 39
8 .4 Savings Clause . . . . . . . . . . . . . . . 40
8. 5 Section Headings . . . . . . . . . . . . . . 40
8 .6 Amendment . . . . . . . . . . . . . . . . . . 40
8 .7 Assignability . . . . . . . . . . . . . . . . 40
8 .8 Notices . . . . . . . . . . . . . . . . . . 41
8.9 Waiver 41
8.10 Law to Govern 42
8 .11 Attorney' s Fees . . . . . . . . . . . . . . 42
8.12 Entirety . . . . . . . . . . . . . . . . . . 4.2
GUARANTEE . . . . . . . . . . . . . . . . . . . . . . . . . 44
EXHIBITS
"A" Allocation Quantity
"B" Unincorporated Geographic Area of Santa Clara
County
"C" . Equivalent Weight of Municipal Solid Waste
"D" Report of Refuse Received at the Recyclery/Newby
Island Landfill
"E" Insurance Requirements
9470-1
y
AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE
THIS AGREEMENT is made and entered into this PR i l 198day of
1989, by and between the CITY OF CUPERTINO,
CALIFORNIA, a California municipal corporation (herein "City" ) ,
and INTERNATIONAL DISPOSAL CORP. OF CALIFORNIA, a California
corporation (herein "Contractor") , which is a wholly-owned
subsidiary of Browning-Ferris Industries, Inc . , a Delaware
corporation.
R E C I T A L S:
WHEREAS, City desires to contract for recycling and long-
term disposal of Municipal Solid Waste (as defined herein) ;
and
WHEREAS, Contractor owns and operates the Newby Island
sanitary landfill (the "Disposal Facility" ) and is in the
process of establishing a recycling facility thereat; and
WHEREAS, City and Contractor desire that the Disposal
Facility be maintained as a fully permitted disposal site
in order to receive Municipal Solid Waste from City for
recycling and disposal in accordance with this Agreement .
NOW THEREFORE, in consideration of the mutual promises,
covenants and conditions contained in this Agreement, and
for other good and valuable consideration, the parties to
this Agreement hereby agree as follows.
SECTION 1. Definitions.
The following capitalized names and terms shall have the respec-
tive meanings indicated:
9470-1
s ,
1 .1 - Allocation Quantity
"Allocation Quantity" means the maximum Tons of Municipal
Solid Waste ( including Municipal Solid Waste collected in
Debris Boxes) , calculated at the entrance to the Disposal
Facility, which City shall be entitled to deliver or have
delivered to the Disposal Facility for Recycling and/or
disposal in accordance with this Agreement. City' s Allo-
cation Quantity, including the portion thereof attributable
to Municipal Solid Waste collected in Debris Boxes, is set
forth in Exhibit "A" , attached hereto and made a part
hereof; provided, however , City' s Allocation Quantity shall
automatically be reduced by the unused portion of the
Allocation Quantity attributable to Municipal Solid Waste
collected in Debris Boxes at such time as City delivers or
causes delivery of Debris Box Municipal Solid Waste to an
alternative sanitary landfill pursuant to Section 2 .4.
(For purposes hereof , the unused portion of the Allocation
Quantity attributable to Municipal Solid Waste collected in
Debris Boxes shall be the product of ( i ) the unused portion
of the Allocation Quantity multiplied by ( ii ) a fraction,
the numerator of which is the total amount of Municipal
Solid Waste which has been collected in Debris. Boxes since
November 21 , 1988, and the denominator of which is the
total amount of Municipal Solid Waste (exclusive of
Publicly Hauled Waste) which has been delivered to the
Disposal Facility since November 21, 1988. ) City' s
Allocation Quantity shall not include amounts of Publicly
Hauled Waste delivered to the Disposal Facility. City' s
Allocation Quantity shall include amounts of Municipal
Solid Waste delivered to the Disposal Facility by or on
behalf of a Transferee Municipality pursuant to Section 6.
1 .2 Ash
"Ash" means the material remaining after incineration of
Municipal Solid Waste, including bottom ash, fly ash and
water.
9470-1 - 2 -
1 . 3 Biomedical Waste
"Biomedical Waste" means waste which may be reasonably
considered infectious, pathological or biohazardous,
originating from hospitals, public -or private medical
clinics, departments or research laboratories, pharmaceu-
tical industries, blood banks, forensic medical depart-
ments, mortuaries, veterinary facilities and other similar
facilities and includes equipment , instruments, utensils,
fomites, laboratory waste ( including pathological specimens
and fomites attendant thereto) , surgical facilities,
equipment , bedding and utensils ( including pathological
specimens and disposal fomites attendant thereto) , sharps
(hypodermic needles, syringes, etc . ) , dialysis unit waste,
animal carcasses, offal and body parts, biological mate-
rials, (vaccines, medicines, etc . ) and other similar
materials, but does not include any such waste which is
determined by evidence reasonably satisfactory to Contrac-
tor to have been rendered non-infectious, non-pathological
and non-biohazardous.
1 .4 City
"City" means the City of Cupertino, California , a municipal
corporation organized under the laws of the State of
California, all of the geographic area lying within the
municipal boundaries of the City and all of the geographic
area lying within such unincorporated areas of Santa Clara
County, California as are set forth and described in
Exhibit "B" , attached hereto and made a part hereof .
1 . 5 Clean U2 Camoaign
"Clean Up Campaign" means the annual , semi-annual or other
similar periodic program conducted by City, its agents
and/or a Designated Hauler the purpose of which is to
provide residents of City a means of disposing of bulky
wastes and/or similar materials which are not collected
9470-1 - 3 -
through the regular Municipal Solid Waste collection
service.
1 .6 Contractor
"Contractor" means International Disposal Corp. of Califor-
nia, its successors and assigns.
1 .7 Curbside Recycling Credit
"Curbside Recycling Credit" has the meaning set forth in
subsection 3 .4.1 .
1.8 Curbside Recycling Program
"Curbside Recycling Program" means the collection of
recyclable materials from Residential Waste in the same or
similar manner as described in subsection 3 .4 .2 .
1 .9 Debris Box
"Debris Box" means a roll-off waste container used to
collect , without compaction, construction debris and
similar materials.
1.10 Designated Hauler
"Designated Hauler" means the waste haulers named by City
pursuant to subsection 3. 3.2 to deliver Municipal Solid
Waste to the Disposal Facility.
1.11 Disposal Facility
"Disposal Facility" means the Newby Island sanitary land-
fill, located at 1601 Dixon Landing Road, San Jose, CA
95131 .
9470-1 - 4 -
� � e
1 .12 Hazardous Waste
"Hazardous Waste" means any of the following:
( i ) all waste defined or characterized as hazardous waste
by the federal Solid Waste Disposal Act (42 U. S .C.
Section 3251 et seq. ) , as amended, including the
Resource Conservation and Recovery Act of 1976 (42
U.S.C. Section 6901 et seq. ) and all future amend-
ments thereto, or regulations promulgated thereunder ;
( ii ) all waste defined or characterized as hazardous waste
by the principal agencies of the State of California
( including without limitation the Department of
Health Services and the California Waste Management
Board) having jurisdiction over hazardous waste
generated by facilities within such State , and
pursuant to any applicable State or local law or
ordinance, and all future amendments thereto, or
regulations promulgated thereunder;
( iii ) radioactive wastes;
( iv) any sewage sludge or other residue from wastewater
treatment facilities;
(v) waste commonly known as cannery waste;
(vi ) those substances or items which require special or
extraordinary handling or disposal due to their
hazardous, harmful , toxic or dangerous character or
quality; and
(vii ) those substances and items which are not normally
expected to be disposed of by generally accepted
sanitary landfill disposal methods.
9470-1 - 5 -
r
"Hazardous Waste" shall be construed to have the broader,
more encompassing definition where a conflict exists in the
definitions employed by two or more governmental agencies
having concurrent or overlapping jurisdiction over hazar-
dous waste. If any governmental agency or unit having
appropriate jurisdiction shall hereafter determine that
substances which are not , as of the date hereof , considered
harmful, toxic , dangerous or hazardous, are harmful , toxic ,
dangerous or hazardous, then such substances shall be
Hazardous Waste for the purposes of this Agreement as of
the effective date of such determination. If any govern-
mental agency or unit having appropriate jurisdiction shall
hereafter determine that substances which are, as of the
date hereof , considered harmful, toxic , dangerous or
hazardous, are not harmful , toxic , dangerous or hazardous, .
then such substances shall not be Hazardous Waste for
purposes of this Agreement as of the effective date of such
determination.
1 .13 Maintenance Waste
"Maintenance Waste" means the following materials collected
by City maintenance employees or private contractors hired
to collect such materials instead of such employees: ( i )
debris from street and sewer repairs, ( ii ) debris from
street sweepings, ( iii ) grass clippings , leaves and tree
trimmings from maintenance of city parks, streets, median
strips and City property, ( iv) rock and concrete, (v)
asphalt pavement from streets and NO tree stumps.
1 .14 Municipal Solid Waste
"Municipal Solid Waste" means all substances or materials
that are generally discarded or rejected as being spent ,
useless, worthless or in excess to the owner-s at the time
of rejection, including, without limitation, trash, gar-
bage, refuse and rubbish, and which are generated by all
9470-1 - 6 -
1
1,
residential , commercial , industrial , institutional , munici-
pal , agricultural and other activities within the City;
provided, however, Municipal Solid Waste does not include
Hazardous Waste, Biomedical Waste and Ash.
1 .15 Publicly Hauled Waste
"Publicly Hauled Waste" means Municipal Solid Waste gener-
ated at residences or commercial establishments in the City
and hauled directly to an ultimate disposal site, including
the Disposal Facility, by the respective generators (or, in
the case of residences, their family members) of such
Waste.
1 . 16 Rate Adjustment Date
"Rate Adjustment Date" has the meaning set forth in Section
5. 2 .
1.17 Recyclery
"The Recyclery" means a facility for Recycling to be
located adjacent to the Disposal Facility, which, when
fully operational, is expected to reduce disposable items
in selected loads of Municipal Solid Waste delivered to the
Disposal Facility.
1.18 Recycling
"Recycling" means the process of controlled manual and/or
mechanical separation and removal of selected materials and
items from any portion of a waste stream, such as, but not
limited to, newspapers, cans, corrugated cardboard, metals,
plastics and glass or the separate collecting of any such
materials and items, for the purpose of reuse with or
without reprocessing or remanufacturing into new products
or for the purpose of composting.
9470-1 - 7 -
1 . 19 Recycling Incentive Taxes
"Recycling Incentive Taxes" means those Taxes which are
reducible, through a credit to Contractor or otherwise,
based upon a reduction, due to Recycling, in the volume or
weight of waste or material actually landfilled.
1 . 20 Regulatory Changes
"Regulatory Changes" means changes in laws or regulations
( including enactment of new laws or regulations and permit
changes) affecting the Disposal Facility or The Recyclery
which occur on or after the date of this Agreement , and
changes in the enforcement or interpretation of present or
future laws or regulations ( including permits) affecting
the Disposal Facility or The Recyclery which occur on or
after the date of this Agreement .
1.21 Residential Waste
"Residential Waste" means Municipal Solid Waste generated
at residences which would be expected to contain cans,
glass, metals and other materials suitable for Recycling.
1 .22 Santa Clara County Municipalities
"Santa Clara County Municipalities" means any city or town
within Santa Clara County, California and Santa Clara
County itself , acting on behalf of the unincorporated
portions of said County.
1.23 Taxes
"Taxes" means all taxes or governmental fees now or hereaf-
ter imposed with respect to operation of The Recyclery
and/or the Disposal Facility; provided, however , "Taxes"
shall include the per unit stated amount of each tax or fee
9470-1 - 8 -
for all waste or material delivered to the Disposal Facili-
ty even though Contractor is able, through processing at
The Recyclery or its manner of operation at or the charac-
teristics of the Disposal Facility, to reduce, through
receipt of a credit orotherwise, the related aggregate tax
or fee actually payable by Contractor. As of the date of
this Agreement , "Taxes" are $4.04 per Ton, composed of the
following: The current City of San Jose Business Tax of
$3.00 per ton, the City of San Jose Enforcement Fee of
$0.13 per ton, the County Solid Waste Planning Fee of $0.15
per ton , the County Health Enforcement Fee of $0.16 per
ton , and the fee resulting from State AB 2448 , California
Government Code Section 66749, et . seq. , known as the
"Fastin Tax" (currently estimated to be $0 . 60 per ton but
subject to retroactive adjustment based upon the actual
tax) .
1. 24 Tipping Fee
"Tipping Fee" means the amount , as set forth in Section 5,
payable by City to Contractor for each Ton of Municipal
Solid Waste delivered to the Disposal Facility pursyant to
this Agreement .
1 . 25 Ton
"Ton" means a short Ton of 2,000 pounds avoirdupois.
1 .26 Transferee Municipality
"Transferee Municipality" means a Santa Clara County
Municipality to which City has assigned part of City' s
Allocation Quantity in accordance with Section 6.
1 .27 Waste-to-Energy Facility
"Waste-to-Energy Facility" means a facility at which waste
is burned to produce steam for heat or electricity.
9470-1 - 9 -
SECTION 2. CITY' S RESPONSIBILITIES
2.1 Delivery—of Mun Qin Skid Waste
Subject to the other provisions of this Agreement, during
the term of . this Agreement , City shall deliver or cause
delivery of all Municipal Solid Waste to the Disposal
Facility, for Recycling and/or disposal in accordance with
this Agreement; provided, however, City shall not be
required to deliver or cause delivery of Municipal Solid
Waste collected in Debris Boxes under Section 2.4 , Munici-
pal Solid Waste collected pursuant to City' s Clean Up
Campaign, Publicly Hauled Waste, Maintenance Waste ,
Municipal Solid Waste collected exclusively for Recycling
(with no residual waste) or Municipal Solid Waste delivered
to a Waste-to-Energy Facility under Section 2 .2
2. 2 Waste-to-Eneray Fagility
City may divert Municipal Solid Waste from the Disposal
Facility to a Waste-to-Energy Facility; provided, however ,
that all Municipal Solid Waste which is delivered to, but
is for any reason not incinerated at the said Taste-to-
Energy Facility, shall be delivered to the Disposal Facil-
ity in accordance with Section 2.1 . Any diversion of
Municipal Solid Waste to a Waste-to-Energy Facility will
not change the Tipping Fee at the Disposal Facility for
Municipal Solid Waste. City may deliver or cause delivery
of all resulting Ash to the Dispos®1 facility if regula-
tions and permits allow for disposal of such Ash and
subject tp a mutually agreeable disposal rate. The price
for Ash disposal will be negotiated at the time such a
Waste-to-Energy Facility is in the planning phase.
9470-1 - 10 -
2.3, Un uth riz d waste
City shall use reasonable business efforts to prevent
delivery to the Disposal Facility by Designated Haulers of
waste or material other than Municipal Solid Waste.
Subject to Contractor' s agreement, as set forth in Section
3. 5, to attempt to reject or have a Designated Hauler
remove such other waste or material, City shall pay all
costs of handling, demurrage, reloading, transportation
and/or disposal of such other waste or material.
2.4 Debris Box
Muni,ci2;al_Jol d.Wsete
City shall deliver or cause delivery of all Municipal Solid
Taste collected in Debris boxes to the Disposal Facility,
for Recycling and/or disposal in accordance with this
Agreement ; provided, however, City shall not be required to
deliver or cause delivery of Municipal Solid Waste col-
lected in Debris Boxes from and after the date on which
City commences to deliver or cause delivery of substantial-
ly all such Debris Box Municipal Solid Taste to an alterna-
tive sanitary landfill for disposal pursuant to a binding
disposal agreement to be in effect thereafter for at least
until the expiration of thirty (30) years from and after
the date of commencement of performance of this Agreement .
SECTION 3 . CONTRACTOR' S RESPONSIBILITIES
3 .1 Reclig�t of iP__JoliQ Waste
Subject to the other provisions of this Agreement, during
the term of this Agreement , Contractor shall receive all
Municipal Solid Waste delivered to The Recyclery and the
Disposal Facility for Recycling and/or disposal at The
Recyclery and Disposal Facility in accordance with this
Agreement.
9470-1
3.2 Operational Requirements.
3. 2 .1 Hours
Contractor shall operate the Disposal Facility for
the receipt of Municipal Solid Waste from the
Designated Haulers from at least 6:00 a.m. to 5:00
p.m. Monday through Friday and from 8:00 a.m. to 4: 00
p.m. on Saturday, except that the Disposal Facility
may be closed on Christmas Day, the fourth Thursday
of November and New Year' s Day.
3. 2.2 Signs
At Contractor' s sole expense, Contractor shall
prominently post signs at the entrance to the Dis-
posal Facility detailing the regulations which must
be followed by vehicles entering the site, indicating
the hours of operation, the types of waste or recy-
clable materials accepted and a local telephone
number to call for information or in case of emer-
gency.
3 . 2 . 3 Site Access
Contractor shall construct and maintain all roads
running in and over the Disposal Facility as shall be
reasonable under the circumstances, from the end of
the public access road to the point designated for
the disposal of materials. A smooth surface within
the disposal area will be maintained properly to
assist vehicles in their disposal operations. Con-
tractor shall designate an area immediately adjacent
to an all-weather road for disposal during periods of
inclement weather. Contractor shall operate and
maintain such inclement weather site and shall
construct and maintain an access road to such site.
Contractor shall not be responsible for any expense
9470-1 - 12 -
or inconvenience incurred by Designated Haulers as a
result of construction along the public access road.
If delay occurs, Contractor and Designated Haulers
shall attempt to arrange alternate scheduling.
3.2.4 Scales; Cubic Yard Conversion
Contractor shall operate and maintain a scale or
scales to weigh all Municipal Solid Waste delivered
by Designated Haulers to the Disposal Facility. In
the event that the scales are temporarily out of
service to weigh Municipal Solid Waste delivered to
the Disposal Facility, then, for the purposes of this
Agreement , the Ton equivalent of cubic yards of
waste, measured at the entrance of the Disposal
Facility, shall be as set forth in Exhibit "C" ,
attached hereto and made a part hereof .
3. 2. 5 Records
Contractor shall maintain daily records for each
Designated Hauler necessary to compile the monthly
report to be provided by Contractor pursuant to
subsection 5.5.1. City or City' s designated repre-
sentative shall have the right to inspect such
records and the record keeping procedures at any time
.during normal business hours provided that such
representative does not interfere with work being
performed by Contractor.
3.3 Designated Haulers
3. 3.1 Acceptance of Waste
Contractor shall accept all Municipal Solid Waste,
not to exceed the Allocation Quantity, from City' s
Designated Haulers and shall charge City the Tipping
Fee therefor.
9470-1 - 13 -
3. 3 .2 City Designation
City shall designate those waste haulers responsible
for delivery of Municipal Solid Waste to the Disposal
Facility, provided that those so designated shall
agree to observe all regulations at the Disposal
Facility and to operate according to safe industry
practices.
3. 3.3 No Preference
Contractor shall give no preference or priority of
treatment over Designated Haulers to any other
persons bringing wastes to the Disposal Facility.
Also, Contractor shall not give any preference or
priority among Designated Haulers unless and until
such preference or priority is requested by Contrac-
tor or City and approved in writing by the other
party to this Agreement . Said approval shall not be
unreasonably withheld.
3.4 Curbside Recycling Programs
3.4 . 1 Curbside Recycling Credit
City shall receive a credit against payments due
Contractor under Section 5. 5 in the amount of eighty
cents ($.80) (as adjusted under Section 5.2) per
month for each (and only each) single family resi-
dence in the City (the "Curbside Recycling Credit" ) ;
provided, however:
( i ) City shall not receive the Curbside Recycling
Credit from and after the later of :
(a) such date as City' s Residential Waste can
be processed through The Recyclery,
9470-1 - 14 -
provided that Contractor , shall provide
City with at least three ( 3) years prior
written notice of such date and the
Curbside Recycling Credit shall remain in
effect during such three ( 3) year period,
or
(b) the expiration of five (5) years from and
after the date of this Agreement; and
( ii ) Notwithstanding subparagraph ( i ) above, City
shall not receive the Curbside Recycling Credit
during such period as Contractor provides a
Curbside Recycling Program in the City ( includ-
ing processing of Residential Waste at The
Recyclery in lieu thereof ) , as set forth in
subsection 3.4.2.
3.4 .2 Contractor Curbside Recycling Program
At City' s option, Contractor shall provide, at no
additional cost to City, a Curbside Recycling Pro-
gram, as described below; provided, however , Contrac-
tor shall not be required to provide such Curbside
Recycling Program unless City shall have exercised
such option in writing to Contractor within thirty
(30) days after the date of this Agreement and the
Cities of Santa Clara and/or Cupertino shall have
also properly exercised their respective options for
Contractor to provide such Curbside Recycling Program
for the same period; provided, further, the minimum '
term of such Curbside Recycling Program shall be the
greater of seven (7) years or the remaining term of
the hauling contract for Residential Waste between
the City and its contractor hauler in effect on the
date that such Curbside Recycling Program is to
commence, except that Contractor may, at its option,
9470-1 - 15 -
terminate such Curbside Recycling Program at any time
and process Residential Waste at The Recyclery.
The Curbside Recycling Program shall consist of the
following and other mutually agreeable services and
terms of performance: Contractor shall collect (at a
minimum) glass, cans, PET bottles and newspapers once
each week at curbside from all single family resi-
dences in the City and such multi-family residences
which do not have dumpster or bin refuse collection
service. All such recyclable material shall be
placed in containers provided free of charge by
Contractor. Contractor shall retain all the revenues
derived from the sale of recyclable materials col-
lected pursuant to the Curbside Recycling Program.
Contractor shall have a period of one hundred eighty
(180) days after City' s exercise of its aforesaid
option to commence provision of the Curbside Recy-
cling Program.
3. 5 Unauthorized Waste
In the event that waste or material other than Municipal
Solid Waste is delivered or attempted to be delivered by
Designated Haulers to the Disposal Facility, Contractor
shall first- attempt to reject such attempted delivery or
cause the Designated Hauler, at its expense, to remove such
waste or material from the Disposal Facility. However, in
the event that such delivery occurs and such waste or
material is not so removed, Contractor shall promptly
notify City thereof and, subject to City' s payment of costs
as set forth in subsection 2.3, use reasonable business
efforts to comply with City' s request for handling and
transportation of such waste or material to a disposal
facility that can lawfully accept it.
9470-1 - 16 -
3 .6 Compliance with Laws and Regulations
Subject to the other terms and conditions of this Agree-
ment , including issuance of the authorizations set forth in
Section 4.1 , Contractor agrees that, in the operation of
The Recyclery and the Disposal Facility and the performance
of services under this Agreement , Contractor will qualify
under, and comply with, any and all federal , state and
local laws and regulations now in force and which may
hereafter, during the term of this Agreement , be enacted
and become effective, which are applicable to Contractor,
its employees, agents, or subcontractors, if any, concern-
ing the operation of The Recyclery and the Disposal Facil-
ity. However, Contractor shall have the right to contest
in good faith the application of such law or regulation to
The Recyclery and Disposal Facility and Contractor shall
not be deemed in breach of this Agreement during such good
faith contest for failure to comply.
3. 7 Permits, Licenses, Approvals
3 .7 .1 Contractor to Obtain
Subject to the other terms and conditions of this
Agreement, including issuance of the authorizations
set forth in Section 4.1 , Contractor shall be re-
sponsible, at its sole expense, for obtaining and
maintaining all necessary permits, licenses and
approvals from any and all governmental entities
having jurisdiction over the Disposal Facility and
The Recyclery in order that Contractor may operate
the Disposal Facility and The Recyclery in accordance
with the terms and conditions of .this Agreement and
any laws or regulations applicable to the Disposal
Facility and The Recyclery. City shall fully cooper-
ate with Contractor in obtaining and maintaining such
permits, licenses and approvals as long as any out of
pocket expense incurred by City is borne by Contrac-
9470-1 - 17 -
tor . Contractor shall file with City a true and
correct copy, certified by the granting agency, of
each permit, license or approval . However , Contrac-
tor shall have the right to contest in good faith any
requirement of a permit , license or approval neces-
sary for the operation of the Disposal Facility and
The Recyclery and Contractor shall not be deemed in
breach of this Agreement during such good faith
contest for failure to comply.
3.7.2 Closure Plan
Contractor shall demonstrate adequate financial
responsibility sufficient to finance Contractor' s
closure and post closure plan as submitted to state
and local permit enforcement agencies.
3.8 Inspection of Operations
The designated representative of City shall have the right
to observe and review Contractor ' s operations and enter
Contractor' s premises at the Disposal Facility for the
purpose of such observation and review during normal
operating hours, subject to reasonable notice. This
provision shall not be construed as giving to City any
right to exercise control over the business or operations
of Contractor or to direct any operations of Contractor or
to direct in any respect the manner in which the business
and operations shall be conducted.
3.9 Labor Force
3.9.1 Employment
Contractor shall employ only such superintendents,
mechanics, and other workers who are careful , compe-
tent and fully qualified to perform the duties or
tasks assigned to them. All workers shall have
9470-1 - 18 -
sufficient skill , ability and experience to properly
perform the work assigned to them and to operate any
equipment necessary for them to carry out their
assigned duties properly.
3.9. 2 Safety Provisions
Contractor shall operate the Disposal Facility in
compliance with all applicable federal , state and
local laws and regulations pertaining to safety.
3 .10 Discrimination Prohibited
In the performance of this Agreement , Contractor will
comply with the provisions of the California Fair Employ-
ment and Housing Act , California Government Code Section
12900 et seq. , as amended, and any regulations promulgated
thereunder , and with any federal statutes, and regulations
promulgated thereunder, prohibiting employment discrimina-
tion.
SECTION 4 . TERM OF AGREEMENT
4 .1 Effective Date of Performance
Performance hereunder shall be deemed to have commenced on
November 21, 1988.
4.2 Termination
Notwithstanding anything to the contrary contained in this
Agreement , this Agreement shall continue in full force and
effect until the first to occur of the following, unless
sooner terminated in accordance with this Agreement :
9470-1 - 19 -
( i ) the Allocation Quantity is depleted in accordance
with this Agreement; or
in any event , the expiration of thirty-five (35)
years from and after the date of commencement of
performance of this Agreement.
SECTION 5. COMPENSATION
5.1 Tipping Fee
The Tipping Fee for the disposal of Municipal Solid Waste
at the Disposal Facility ( including processing at The
Recyclery and ultimate disposal of all processing residue
at the Disposal Facility) initially shall be $14 . 23 per
Ton , which amount shall be adjusted in accordance with
Sections 3.4 , 5. 2 , 5.3 and 5.4 .
5.2 Annual Adjustment of Tipping Fee
The Tipping Fee (as adjusted under Sections 3 .4 , 5. 3 and
5.4 ) and the Curbside Recycling Credit shall be adjusted as
of July 1 of each year, beginning as of July 1 , 1989, (the
"Rate Adjustment Date" ) in accordance with the following
formula :
P = A ( .1 x R + .1 x C + .8 x D)
A = The adjustable portion of the Tipping Fee (as
described below) or , the Curbside Recycling
Credit in effect as of the Rate Adjustment
Date, as the case may be. The "adjustable
portion of the Tipping Fee" , as that phrase is
used above, is the Tipping Fee in effect as of
the Rate Adjustment Date, less the portion
thereof attributable to Taxes. As of the date
9470-1 - 20 -
of this Agreement, the adjustable portion of
the Tipping Fee is $14. 23 .
B = The net percentage change in the Employment
Cost Index (Compensation) , Private Industry
workers - Nonmanufacturing, published by the
U.S. Department of Labor, Bureau of Labor
Statistics.
C = The net percentage change in the Gross National
Product Implicit Price Deflator for Producer' s
Durable Equipment (non-residential ) , published
quarterly by the U.S. Department of Commerce,
Bureau of Economic Analysis.
D = The net percentage change in the Consumer Price
Index (CPI ) , All Urban Consumer (CPI-U) , for
San Francisco-Oakland, California , published by
the U.S. Department of Labor , Bureau of Labor
Statistics.
P = The amount of adjustment to the Tipping Fee or
the Curbside Recycling Credit , as the case may
be, for the new twelve (12) month period.
All "net percentage changes" , as that phrase is used above,
are to be computed as the difference between the applicable
index values for the month of March immediately prior to
the current Rate Adjustment Date and for the month of March
immediately prior to the last Rate Adjustment Date (March
1988 in the case of the first adjustment hereunder) ,
divided by the index value for the month of March immedi-
ately prior to the last Rate Adjustment Date.
Contractor shall notify City in writing of any adjustment
under this Section at the earliest practicable time. On
the next billing date after the receipt of Contractor ' s
9470-1 - 21 -
statement showing adjustment under this Section, City shall
pay to Contractor or Contractor shall credit to City, as
the case may be, a lump sum equal to any increase or
decrease applicable to that period which has elapsed during
which the new Tipping Fee and the Curbside Recycling Credit
is effective. Thereafter, the Tipping Fee charged by
Contractor and. the Curbside Recycling Credit shall not be
modified to reflect any change under this Section until a
subsequent adjustment statement is received by City.
Adjustment to the Tipping Fee and the Curbside Recycling
Credit will only be made in units of one cent ($0.01) .
Fractions less than one cent ($0.01) will not be considered
in making adjustment.
Should the indices named in this Section not be published
for March of any given year, the calculations shall be per-
formed using the index value as published for the last
month immediately preceding the March in question (or, in
the case of a quarterly published index, the index value
for the quarter including the March in question) .
Should the indices named in this Section be discontinued,
successor indices shall replace same. Successor indices
shall be those indices which are most closelp equivalent to
the discontinued indices as recommended by the publishing
agency.
5.3 City Recycle/Transfer Station
If after The Recyclery commences operation, City ( including
through its contractors or agents) engages in or causes the
Recycling of any portion of Municipal Solid Waste (.other
than through a Curbside Recycling Program) or commingles
any portion of Residential Waste and other Municipal Solid
Waste prior to delivery to the Disposal Facility, the
Tipping Fee for the resulting residue or commingled por-
tions. shall be increased by an amount equal to $.88 plus
9470-1 - 22 -
c
the amount of Taxes excluded from the Tipping Fee adjust-
ment under subsection 5,.4 .4. Such increase shall be
subject to annual adjustments as specified in Section 5. 2
beginning as of the Rate Adjustment Date. The Tipping Fee
shall not be increased under this Section due to City' s
establishment of a Curbside Recycling Program, as set forth
in Section 3.4 , transfer stations within the City at which
no Recycling (other than through buy back centers) or no
commingling of Residential Waste and other Municipal Solid
Waste occurs, or buy back centers within the City.
5.4 Other Adiustments
5.4 .1 Regulatory Changes
The Tipping Fee may be adjusted by Contractor from time to
time to reflect City' s pro, rata share of all costs incurred
or to be incurred by Contractor in operating The Recyclery
and the Disposal Facility ( including closure and post-
closure monitoring) which are attributable to Regulatory
Changes; provided, however , Contractor may not increase the
Tipping Fee for costs attributable to any of the following:
( i ) Regulatory Changes, by their terms, imposed solely
with respect to operation of a sanitary landfill
located adjacent to San Francisco Bay;
( ii ) existing regulatory or remedial work , monitoring or
other work which is required due to refuse which was
placed in the Disposal Facility prior to the begin-
ning of this Agreement even if part of such wastes
were generated in the City;
( iii ) Contractor' s intentional misconduct or negligent acts
or omissions in operation of The Recyclery or the
Disposal Facility;
9470-1 - 23 -
( iv) compliance with the Calderon Legislation (California
Health& Safety Code Section 41805. 5) , subchapter 15,
BAAQMD Rule 34, Proposition 65, and California
Administrative Code Titles 14 and 22, and the final
version of EPA' s Subtitle D criteria when it is enac-
ted; provided, however, this subparagraph ( iv) shall
not include any future changes to the foregoing
statutes, rules and/or regulations; and
(v) odor, noise and/or dust control due to encroaching
land uses around the Disposal Facility which uses
were not present on the date of this Agreement .
5.4 .2 Termination By City
If , upon any increase in the Tipping Fee under
subsection 5.4.1 due to Regulatory Changes, the
Tipping Fee (exclusive of Taxes and all adjustments
under Section 5. 2) exceeds, by thirty percent (30%)
or more, the disposal rate (exclusive of taxes and
adjustments for inflation) then payable pursuant to
the long term disposal contract first entered into by
any of the "North County Cities" for disposal of
municipal solid waste at the Kirby Canyon Landfill in
Santa Clara County, City shall have the option to
terminate this Agreement without penalty; provided,
however , City must exercise such option, if at all ,
by providing Contractor with written notice thereof
( including written evidence of the aforesaid percent-
age differential in disposal rates) within sixty (60)
days after any such increase in the Tipping Fee. In
the event that City properly exercises its aforesaid
option, this Agreement shall terminate on the date as
of which City has received all necessary regulatory
approvals and made all necessary arrangements to
process and/or dispose of elsewhere Munic-ipal Solid
Waste then being delivered hereunder to the Disposal
9470-1 - 24 -
Facility. As used above, "North County Cities" means
the cities of Palo Alto, Sunnyvale and Mountain View,
California.
5.4. 3 City' s Proportionate Share
City' s pro rata share of costs attributable to
Regulatory Changes under subsection 5.4.1 shall be
determined on the basis of either of the following:
( i ) The percentage of the daily volume of wastes
disposed of in the Disposal Facility or materi-
al processed at the Recyclery, as the case may
be, which is attributable to City, for those
costs which are, according to generally accept-
ed accounting principles, attributable to the
daily operating costs of the Disposal Facility
or the Recyclery , as the case may be. The
percentage of daily volume attributable to
City, shall be based upon the average amounts
during the one-year period immediately preced-
ing the request for an adjustment pursuant to
this Section; or
( ii ) The percentage of the remaining total site
capacity at the Disposal Facility or the
percentage of material processed at the Recy-
clery, as the case may be, which is expected to
be utilized by or attributable to City under
this Agreement , for those costs which are, by
generally accepted accounting principles, not
attributableto the daily operating costs of
the Disposal Facility or the Recyclery, as the
case may be. If costs incurred by Contractor
are amortized over several years, the increase
in the Tipping Fee shall be repealed at the end
of such amortization period. This repeal shall
9470-1 - 25 -
not affect .other increases resulting from costs
which were not amortized.
Contractor shall notify City of any Tipping Fee
adjustment attributable to Regulatory Changes under
this Section 5.4 at the earliest practicable time.
At the time Contractor makes a request for a Tipping
Fee adjustment attributable to Regulatory Changes
pursuant to this Section 5.4, Contractor shall submit
to City written documentation showing the actual
costs incurred or estimated to be incurred in future
years (for costs that are expected to be incurred or
amortized over more than one year) , demonstrating
that the costs were incurred by reason of Contrac-
tor' s compliance with changes in laws or regulations
or changes in the enforcement or interpretation
thereof , indicating the method of determining City' s
pro rata share of such cost , and showing the calcula-
tion of City' s pro rata share. If Contractor bases
the request for adjustment on a change in the en-
forcement or interpretation of a law or regulation
affecting the Disposal Facility or the Recyclery,
then Contractor shall also provide to City supporting
documentation demonstrating the existence of and the
nature of the change in enforcement or interpreta-
tion. City shall have the right, at reasonable times
and upon reasonable notice to Contractor , to inspect
all records or other information contained therein
pertaining to Contractor' s request for adjustment
under this Section 5.4. No increase in the Tipping
Fee attributable to Regulatory Changes shall be made
pursuant to this Section 5.4 unless and until Con-
tractor has submitted the above described written
documentation to City.
9470-1 - 26 -
5.4 .4 Taxes
The Tipping Fee shall be adjusted by Contractor from
time to time to include all Taxes; provided, however ,
except as set forth in Section 5. 3, the Tipping Fee
shall not include ( i ) 25% of Recycling Incentive
Taxes imposed with respect to the volume of waste or
material received or disposed of at the Disposal
Facility and ( ii ) a mutually agreeable percentage of
Recycling Incentive Taxes imposed with respect to the
weight of waste received or disposed of at the
Disposal Facility, such mutually agreeable percentage
to be based upon the assumption that 25% of the
volume of all Municipal Solid Waste delivered hereun-
der will be recycled at the Recyclery and upon the
respective volume/weight relationships of the various
components of Municipal Solid Waste being recycled at
the Recyclery.
5. 5 Payment
5. 5.1 Monthly Invoice and Report
On or before the tenth (10th) day of each month,
Contractor shall submit to City an invoice for the
preceding month. Said invoice shall state the
Tipping Fee then in effect and the amount due for the
invoice month calculated in accordance with the
provisions of this Section 5.
At the time Contractor submits the monthly invoice,
Contractor shall also submit to City a report sta-
ting, for each Designated Hauler, the information in
substantially the form of the sample report form
attached hereto as Exhibit "D" and made a part
hereof .
9470-1 - 27 -
In the event City institutes a voucher system whereby
City issues vouchers or coupons to Designated Haulers
for delivery of Municipal Solid Waste, Contractor
shall attach to the monthly report either copies of
such list or the voucher numbers printed on such
vouchers and the name of the Designated Hauler
submitting the voucher.
5. 5.2 Time of City' s Payment
City shall review the monthly invoice and the monthly
report received from Contractor. City shall have ten
(10) working days from receipt of the report to
request reasonable additional information regarding
the report . Such request shall be in writing and
shall specify the information requested. Contractor
shall have ten (10) working days from the date of the
request to supply to City the requested additional
information. City shall remit payment to Contractor
with thirty (30) days of receipt of the requested
information, or , if no additional information is
requested, within thirty (30) days of receipt of the
invoice and report . Where City disputes a portion of
any invoice, City shall nevertheless timely pay in
full the undisputed portion. City shall pay a charge
for all past due amounts for each month or part
thereof during which such amounts remain unpaid at
the prime annual interest rate then established by
Chase Manhattan Bank , N.A. , but in no event higher
than the maximum rate allowed by applicable law.
5. 5. 3 Payment for Publicly Hauled Waste
Contractor shall accept Publicly Hauled Waste for
disposal and shall require those delivering such
waste to pay directly for disposal at a rate not more
than that posted from time to time for deliveries of
waste by the general public .
9470-1 - 28 -
5.6 Full Payment
Contractor hereby agrees to accept payments from City and
those delivering Publicly Hauled Waste as described above
as full compensation for services rendered under this
Agreement.
SECTION 6. ASSIGNMENT AND USE OF ALLOCATION QUANTITY
City may, at its sole option, upon prior written notice to
Contractor, and subject to the following conditions, assign to
one or more other Santa Clara County Municipalities ( "Transferee
Municipality" ; a portion of City's remaining Allocation Quantity;
provided, however:
Prior to any delivery of Municipal Solid Waste to the
Disposal Facility, the Transferee Municipality shall enter
into and be bound by the terms of this Agreement (with
modifications set forth herein) with respect to such
assigned portion of City' s Allocation Quantity and, at
Contractor ' s option, all state and local agencies having
jurisdiction shall have approved the disposal at the
Disposal Facility of the Transferee Municipality' s Munici-
pal Solid Waste contemplated by the Allocation Quantity
assignment;
(ii ) City shall in any event remain responsible to perform all
of its obligations under this Agreement, including, without
limitation, under Section 2.1;
( iii ) City' s written notice to Contractor shall specify the exact
amount of the Allocation Quantity assigned and the period
over which deliveries of Municipal Solid Waste may occur;
( iv) The Transferee Municipality may not, during any calendar
year, deliver -or cause delivery of an amount of Municipal
Solid Waste which, together with City' s actual deliveries
9470-1 - 29 -
during such year, exceeds (a) the remaining portion of
City' s total Allocation Quantity at the beginning of such
calendar year divided by (b) thirty (30) less the number of
years (or partial years) elapsed since the date of
commencement of performance of this Agreement; and
(v) The right of the Transferee Municipality to use the as-
signed portion of the Allocation Quantity shall end upon
the expiration of thirty (30) years from and after the date
of commencement of performance of this Agreement , even if
all of said assigned portion has not , as of such time, been
used by the Transferee Municipality.
SECTION 7 . ASSURANCE OF PERFORMANCE
7 .1 Force Maieure
7.1 .1 Events Resulting in Force Maieure
The obligations of City and Contractor are subject to
riots, wars, civil disturbances, insurrections, acts
of terrorism at the Disposal Facility, epidemics,
landslides, hurricanes, earthquakes, lightning,
floods, washouts, explosions, fires, acts of God,
government orders and regulations and other similar
catastrophic events which are beyond the reasonable
control of City or Contractor, as the case may be.
It is specifically understood that "other similar
catastrophic events" does not include, among other
things, strikes, lockouts, other labor disturbances
or breakage or accidents to machinery, equipment or
plants.
7.1.2 Suspension of Obligations
In the event either party is rendered unable, wholly-
or in part , by the occurrence of any event described
9470-1 - 30 -
in subsection 7.1 .1 to carry out any of its obliga-
tions, then the obligations of such party, to the
extent affected by such occurrence and to the extent
that due diligence is being used to resume perfor-
mance at the earliest practicable time, shall be
suspended during the continuance of any inability so
caused but for no longer period. Any time that such
a party intends to rely upon the occurrence of an
event described in subsection 7.1 .1 to suspend
obligations as provided in this Section 7 , such party
shall notify the other party as soon as reasonably
possible, setting forth the particulars of the
situation. Notice shall again be given when the
effect of the occurrence of such event has ceased.
7 .1 . 3 Alternative Disposal Arrangements
In the event that Contractor fails or is unable to
accept or dispose of any waste which it is obligated
to accept or dispose of under the terms of this
Agreement because of any event other than described
in subsection 7.1 .1 whose occurrence materially and
adversely affects Contractor' s ability to accept or
dispose of such waste at the Disposal Facility,
Contractor shall transport and dispose of such waste
at an alternate landfill site or disposal facility
selected by Contractor at no additional cost to City
or in the alternative, at Contractor' s option, shall
reimburse City for any and all extra costs incurred
by City, over and above the Tipping Fee, to haul and
dispose of Solid Waste at such other location. Where
City hauls or arranges for hauling of said waste, it
is understood that these costs may include costs
incurred by the City which are payable by it to
Designated Haulers for using an alternate landfill
site. The provisions of this subsection 7.1 . 3 shall
govern over any conflict with Section 7. 5.
9470-1 - 31 -
7.2 Performance Bond
Contractor shall also make, execute and deliver to City a
good and sufficient surety bond in a form reasonably
satisfactory to City to secure the faithful performance by
Contractor of the terms and conditions herein. Such bond
shall be in the penal amount of Seven Hundred Fifty Thous-
and and No/100 Dollars ($750, 000.00) and shall be for a
term of at least two (2) years. Such bond shall be signed
by the President or General Officer of Contractor , together
with signature of its corporate secretary and corporate
seal . The surety shall be a surety company duly authorized
to do business in the State of California and acceptable to
City. The surety company which issues the bond shall not
be obligated to renew the bond after the expiration of the
year term; provided, however, Contractor shall maintain
similar replacement bonds issued by a mutually acceptable
surety company meeting the requirements set forth above
during the term of this Agreement . City agrees that
Contractor ' s failure to replace the bond shall not result
in City having any right to make a claim on the expiring
bond. Notwithstanding the foregoing, Contractor may at any
time, in lieu of the aforesaid surety bond, provide City
with a letter of credit in the aforesaid sum, in a form
reasonably satisfactory to City, securing the faithful
performance by Contractor of the terms and conditions
herein.
7. 3 Insurance Requirements
Contractor shall obtain and shall maintain throughout the
term of this Agreement at least the minimum insurance
policies, with at least the required coverage limits and
endorsements, as is set forth in Exhibit "E" , entitled
"INSURANCE REQUIREMENTS" , attached hereto and made a part
hereof . The insurance requirements set forth in Exhibit
"E" shall be reviewed for sufficiency by City at five year
intervals and such requirements may be reasonably amended
9470-1 - 32 -
or modified by City as deemed necessary or prudent by City,
provided that any required new or increased coverage is
available on a commercially reasonable basis.
Within (30) days of the effective date of this Agreement ,
Contractor shall submit proof of the aforesaid coverage in
the form of Certificates of Insurance, with copies of all
required endorsements attached thereto, to City.
7.4 Hold Harmless and Indemnification
7.4.1 By Contractor
Contractor agrees to protect, defend, hold harmless
and indemnify City, its Council , officers, employees,
and agents from and against any and all liability,
including but not limited to, contractual liability,
losses, penalties, claims, demands, damages to
prope°rty (real and/or personal) , environmental
contamination, including attorneys fees, and personal
-injury to or death of any person or persons, and all
expenses resulting from any claim or cause of action
of any nature, including clean up or remedial action
sought by private or governmental parties, occurring
by reason of :
( i ) Contractor' s sole negligence;
( ii ) Contractor' s comparative share of the joint
negligence of the parties;
(iii ) Contractor' s breach of this Agreement; or
( iv) Contractor' s operation of The Recyclery and the
Disposal Facility; provided, however , Contrac-
tor shall have no obligation of indemnity under
this subsection 7.4.1 ( iv) (a) with respect to
9470-1 - 33 -
adjustments to the Tipping Fee authorized under
Section 5.4 and (b) to the extent that the
liability and expenses result from any of the
events set forth in subsection 7.4. 2.
7.4.2 By City
City agrees to protect, defend, hold harmless and
indemnify Contractor and its affiliated corporations,
and their officers, employees, directors and agents
from and against any and all liability, including but
not limited to, contractual liability, losses ,
penalties, claims, demands, damages to property (real
and/or personal) , environmental contamination ,
including attorneys fees, and personal injury to or
death of any person or persons, and all expenses
resulting from any claim or cause of action of any
nature, including clean up or remedial action sought
by private or governmental parties, occurring by
reason of :
( i ) City' s sole negligence;
( ii ) City' s comparative share of the joint negli-
gence of the parties;
( iii ) City' s breach of this Agreement; or
( iv) Delivery by City or its agents ( including
Designated Haulers) of materials or substances
to the Disposal Facility which are not Munici-
pal Solid Waste.
7.4.3 Negligence Defined
For purposes of Sections 7.4.1 and 7.4. 2, "negli-
gence" shall be deemed to include both negligent acts
9470-1 - 34 -
y
and omissions and willful misconduct , and the negli-
gence of a party shall include the negligence of its
respective officers, employees or agents ( including
subcontractors) .
7.4.4 Notice and Access
The party claiming a right to indemnity shall:
( i ) give written notice thereof within a reasonable
period following the earlier of actual or
constructive notice of the event or occurrence
as to which the right to indemnification is or
may be asserted, provided, that any delay in or
failure to give such notice shall not alter any
obligation of indemnity herein, except to the
extent the indemnifying party is materially
prejudiced thereby; and
( ii ) allow the other party ( including their employ-
ees, agents and counsel) reasonable access to
any of its employees, property and records
reasonably related to the matter giving rise to
the claim for indemnification (excluding
records protected by the privilege applicable
to communications between attorney and client
and the work product of attorneys) for the pur-.
pose of conducting an investigation of such
claim and taking such other steps as may be
necessary to preserve evidence of the occur-
rence on which the claim is based.
7.4. 5 Insurance Coverage
Provision of the insurance coverage set forth in
Section 7.3 does not relieve Contractor or its
9470-1 - 35 -
subcontractors from liability under the above hold
harmless/indemnification clause.
7 .4 .6 Survival
The indemnities contained in this Section 7 shall
survive expiration or termination of this Agreement .
7.5 Suspension or Termination For Default
City shall not suspend or terminate this Agreement unless
and until Contractor has failed to substantially perform
under this Agreement and has been given notice of such
failure and has not cured such failure, or commenced to
cure such failure, within thirty (30) days after receipt of
said notice (and, in the case of commencement to cure, does
not thereafter diligently proceed to cure such failure) ;
provided that no opportunity to cure prior to suspension
shall be required if the health, welfare, or safety of the
public is endangered by the continued delivery of Municipal
Solid Waste to the Disposal Facility.
A copy of the suspension order or action of the City shall
be served on Contractor and on Contractor' s surety ( if
there is a surety) . When work is suspended for any cause
or causes during the term of this Agreement , Contractor
shall discontinue the work or such part thereof as City
shall designate, whereupon the surety may, at its option ,
assume this Agreement or that portion thereof which City
has ordered Contractor to discontinue, and may perform the
same or may sublet the work or that portion of the work
taken over to a contractor approved in writing by City' s
Director of Public Works; provided, however, that the
surety shall exercise its option and begin performance of
the work, if at all, within thirty ( 30) days after the
written notice to discontinue the work has been served upon
Contractor and upon the surety or its authorized agent .
9470-1 - 36 -
The surety, in such event , shall assume Contractor' s place
in all respects and shall be bound by all the terms and
conditions of this Agreement. The surety shall be paid by
City for all work performed by it in accordance with the
terms of this Agreement.
In case the Surety does not , within the above specified
time, assume Contractor' s responsibilities under this
Agreement, or that portion thereof which City has ordered
Contractor to discontinue, then City shall have the power
and right to perform and complete, by contract or other-
wise, as it may determine, the work herein described or
such part thereof as it may deem necessary, and Contractor
agrees that City shall have the right to procure equipment ,
labor and materials necessary for the completion of the
work. City shall be required to mitigate expenses, in
accordance with applicable law, for the work of completing
the services provided in this Agreement , and the expense to
City for same shall be the actual cost to City of such
work, plus any additional costs which City may incur in
payment to its Designated Haulers should the alternate
disposal site be located at greater distance from the point
of .collection of Municipal Solid Waste than the Disposal
Facility.
In case such expenses shall exceed the amount which would
have been payable under this Agreement if the same had been
fully performed by Contractor, then Contractor and its
surety shall pay the amount of such excess to City on
notice from City of the excess due. When any particular
part of the work is carried out by the surety or by City,
by contract or otherwise, under the provisions of this
Section, Contractor shall continue the remainder of the
work in conformity with the terms of this Agreement.
In all instances, Contractor and its surety shall be liable
for all damages incurred -by City during the period after
9470-1 - 37 -
notice to discontinue the work has been served upon Con-
tractor and the surety; provided, however, notwithstanding
anything to the contrary contained in this Agreement ,
Contractor shall not be liable to City for any special ,
punitive or consequential damages, whether in contract ,
tort, strict liability or otherwise.
In computing damages which City incurs under this Section,
additional costs of haulage of waste to a more distant site
for waste disposal shall be included, as well as actual
fees charged for disposal . Such additional haulage costs
shall be negotiated in good faith between City and its
Designated Haulers, and shall be passed on to surety and
Contractor without markup.
SECTION B. GENERAL PROVISIONS
8.1 Independent Contractor
It is expressly understood and agreed that Contractor shall
perform all work and services described herein as an
independent contractor and not as an officer , agent ,
servant or employee of City; that Contractor shall have
exclusive control of and the exclusive right to control the
details of the services and work performed hereunder and
all persons performing the same; that Contractor shall be
solely responsible for the acts and omissions of its
officers, agents, employees, contractors and subcontrac-
tors, if any; and that nothing herein shall be construed as
creating a partnership or joint venture between City and
Contractor. No person performing any of the work or
services described hereunder shall be considered an offi-
cer, agent , servant or employee of City, nor shall any such
person be entitled to any benefits available or granted to
employees of City.
9470-1 - 38 -
8. 2 City Warranty
City warrants to Contractor that
(i ) City has full power in accordance with applicable law
to enter into this Agreement;
( ii ) the entering into this Agreement will not constitute
a violation or breach by City
(a) of any contract or other instrument to which
the City is a party,
(b) of any judgment , order, writ , injunction or
decree issued against or imposed upon City, or
(c ) that will result in a violation of any applic-
able law, order, rule or regulation of any
governmental authority; and
( iii ) this Agreement constitutes a valid and binding
obligation of City in accordance with its terms ,
including, without limitation, for the full period of
the term of this Agreement notwithstanding the future
change of elected or appointed City officials or the
City' s failure to budget and appropriate sufficient
funds for this Agreement. Prior to the parties'
entering into this Agreement, legal counsel for the
City shall render a written legal opinion to Con-
tractor that the matters set forth in this Section
8.2 are true and correct.
8.3 Venue
The parties agree that should any action, whether real or
asserted, at law or in equity, arise out of the terms and
conditions of this Agreement , venue for said action shall
be in Santa Clara County, California.
9470-1 - 39 -
8.4 Savings Clause
If any nonmaterial provision of this Agreement shall for
any reason be held to be invalid or unenforceable, the
invalidity or unenforceability of such provision shall not
affect any of the remaining provisions of this Agreement
and this Agreement shall be enforced as if such invalid and
unenforceable provision had not been contained herein.
8. 5 Section Headings
The Section and paragraph headings contained herein and the
table of contents attached hereto are for convenience in
reference and are not intended to define or limit the scope
of any provision of this Agreement .
8 . 6 Amendment
This Agreement may be amended only by written agreement
duly authorized and executed by the parties hereto.
8.7 Assignability
This Agreement is assignable with the written consent of
both parties and shall be binding upon and insure to the
benefit of the parties hereto and their respective heirs,
successors in interest, and assigns. Such consent shall
not be withheld unreasonably, nor shall such consent be
required in the event of any of the following: (i ) an
assignment by operation of law, ( ii ) an assignment to an
affiliate or subsidiary of Contractor, ( iii ) an assignment
of the right to use a portion of City' s Allocation Quantity
pursuant to Section 6 of this Agreement, or ( iv) an assign-
ment by City to the State of California or to any agency or
subdivision of the State or of City if such entity under-
takes responsibility of the disposal of Municipal Solid
Wastes; provided, however , assignor shall remain
9470-1 - 40 -
,r m
responsible for performance of its obligations under this
Agreement .
8.8 Notices
Notices by either party to this Agreement ' to the other
party shall be deemed given if personally served or if sent
by express mail or deposited in the United States Mail as
certified mail, return receipt requested, postage prepaid,
addressed to the other party as designated below, or to
such other place designated in writing.. Such notice shall
be deemed effective on the date personally served or when
actually received. Notice that a party intends to rely
upon the occurrence of an event described in subsection
7.1 .1 hereof to suspend obligations under this Agreement
may be given verbally; provided that written notice is
provided immediately following such verbal notification.
To City:
City Manager
10300 Torre : Ave.
Cupertino, California 95014
To Contractor :
District Manager Regional Landfill Manager
Browning-Ferris Industries Browning-Ferris Industries
of California, Inc . of California, Inc .
P.O. Box 1987 55 Almaden Boulevard
San Jose, CA 95109 San Jose, CA 95113
Secretary
Browning-Ferris Industries
of California, Inc .
P.O. Box 3151
Houston, TB 77253
8.9 Waiver
A waiver of any breach of any provision of this Agreement
shall not constitute or operate as a waiver of any other
breach of such provision or of any other provision, nor
9470-1 - 41 -
shall any failure to enforce any provision hereof operate
as a waiver of such provision or of any other provision.
8.10 Law to Govern
It is understood and agreed by the parties that the law of
the State of California shall govern the rights, obliga-
tions, duties and liabilities of the parties to this
Agreement and shall govern the interpretation of this
Agreement .
8.11 Attorney' s Fees
In the event legal action is instituted to enforce this
Agreement the prevailing party shall be entitled to reason-
able attorneys' fees and actual costs incurred in connec-
tion with such action.
8.12 Entirety
The parties agree that this Agreement represents the full
and entire agreement between the parties to this Agreement
with respect to matters covered herein.
9470-1 - 42 -
THE PARTIES TO THIS AGREEMENT hereby indicate their acknowledg-
ment and acceptance of the terms and conditions stated herein by
the following signatures of their duly authorized representa-
tives.
APPROVED AS TO FORM AND LEGALITY: CITY OF CUPERTINO, CALIFORNIA,
a municipal corporation
By: By:
Name: Name:
Title: City Attorney Title: ayor
10300 Torre Ave.
ATTEST: Cupertino, California 95014
By: _ "City"
Name:
Title: City Clerk
ATTEST: INT7?CALL*IIA
CORP.
Af
By: By:
Name: e5G . Z17 f-. C=o v Name: i T/f
Title: 1Vg7- ,4_y te,641e_ Title: Sl /
v 55 Almaden Boulevard
� oOFFICIAL SEAL San Jose, California 95113
A.4JAe"rq:&e
SUZANNE FGOOD Telephone: (408) 432-1234
m NOTARY PUBLIC -CALIFOPWA
F • i4 SIAomm'CLARAxpir COUNTY
3 "Contractor"
My comm, expires SEP 3, 1989
APPROVED AS TO FORM AND APPROVED:
LEGALITY:
COUNTY OF SANTA CLARA,
CALIFORNIA
By: By:
Name: N" Name: `!ausanne-Wilson_
Title: is v Title: C'nairpeis©1;, pro temgrc --- -
BOARD OF SUPERVISORS
9470-1 - 43 -
.r
GUARANTEE
Browning-Ferris Industries of California, Inc . , a California
corporation, which is a wholly owned subsidiary of Browning-
Ferris Industries, Inc . , a Delaware corporation, hereby guaran-
tees to City the performance by International Disposal Corp. of
California of its obligations under this Agreement .
BROWNING- IS I STRIES
OF ORN , INC.
By'
Name:
Title:
9470-1 - 44 -
• PF
M •
EXHIBIT "A"
ALLOCATION QUANTITY
City of Cupertino, California
2,050,000 Tons
APPROVED AS TO FORM AND LEGALITY: CITY OF CUPERTINO, CALIFORNIA,
a municipal corporation
By: By.
Name: Name:
Title: City Attorney Title• ayor
10300 Torre Ave.
ATTEST: Cupertino, California 95014
By: _ Xf�:�, � "City"
Name:
Title: City Clerk
ATTEST: INTERNATI IS CORP.
ALI F A
By. By.
Name: i Name: 1)177
Title: -Ru G/e-- Title: D
55 Almaden Boulevard
5EA4.°R OFFICIAL SEAL San Jose, California 95113
SUZANNE F GOOD Telephone: (408) 432-1234
NOTARY PUBLIC-CALIFORIWA
b SSNTA'CIARA COUNTY "Contractor"
My comm. expires SEP 3, 1989
9470-1
EXHIBIT "B"
UNINCORPORATED GEOGRAPHIC AREA OF
SANTA CLARA COUNTY
INCLUDED WITHIN DEFINITION OF CITY
The unincorporated geographic area of Santa Clara County shall
include the "Boundary Agreement Area" defined as of the date of
this agreement by agreement between the cities of Santa Clara
County delineating limits beyond which the cities will not annex.
Said boundaries as adopted by the Local Agency Formation Commission
are defined on the 500 ' scale Official City Boundary Maps located
in the County Surveyor' s Office.
APPROVED AS TO FORM AND LEGALITY: CITY OF CUPERTINO, CALIFORNIA,
a municipal corporation
By:
By:. B ,
Name: Name:
Title: City Attorney Titl Mayor
10300 Torre Ave.
ATTEST: Cupertino, California 95014
By: "City"
Name:
Title: City Clerk
,reTTEST: INTERNATIiLI
IS L CORP.
,y FIA
By• �, By;
Name: ," og9a Name:
Title: 674kV Pal3Ll� Title: S
55 Almade Boulevard
OFFICIAL SEAL San Jose, California 95113
a
SUZANNE FGOOD Telephone: (408) 432-1234
NOTARY PUBLIC -CALIFORIWA
SANTA MRA COUNTY "Contractor"
My Comm. expires SEP 8, 18$9
9470-1
' A
EXHIBIT 'Co
EQUIVALENT WEIGHT
OF MUNICIPAL SOLID WASTE
Type of Refuse Ton Equivalent
Per Cubic Yard
1. Compacted Refuse
a. Front Loader or
Side Loader Vehicle .20 Ton/Cubic Yard
b. Rear Loader Vehicle .30 Ton/Cubic Yard
C . Roll-Off Compactor .4.0 Ton/Cubic Yard
Container
2. Loose Refuse .20 Ton/Cubic Yard
3. Demolition Refuse .50 Ton/Cubic Yard
4. Concrete, Asphalt, Soil 1.00 Ton/Cubic Yard
9470-1
• i
r'
EXHIBIT "D"
REPORT OF REFUSE RECEIVED AT
THE RECYCLERY/NEWBY ISLAND LANDFILL
ATTRIBUTABLE TO THE CITY OF CUPERTINO, CALIFORNIA
DESIGNATED HAULER
MONTH OF
TOTAL TOTAL COST TONS
NUMBER OF TOTAL RATE OF RECEIVED AT
DATE TRUCKS TONS ($/TON) LOAD RECYCLERY
MONTHLY
TOTAL
f tr.
EXHIBIT "E"
INSURANCE REQUIREMENTS
A. (1) An EXTENDED BROAD FORM MINIMUM COMPREHENSIVE GENERAL
LIABILITY INSURANCE POLICY covering Bodily Injury and
. Property Damage with a combined single limit of at
least Five Million Dollars ($5,000,000) per occur-
rence providing the following coverages:
(a) Premises Operations
(b) Independent Contractors
(c) Contractual Liability (for liability of others
assumed by the Subcontractor in the contract
between the Subcontractor and Contractor) .
(d) Property Damage Liability arising out of the
'XCU' hazards (explosion, collapse and under-
ground damage) .
(e) Completed Operations - Products
(f ) Broad Form Property Damage Endorsement
(g) Personal Injury Endorsement
(2) A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
POLICY ( if required by Sate law) written in accor-
dance with the laws of the State of California and
providing the following coverages for any and all
employees of Contractor:
(a) Statutory Workers' Compensation Coverage A
(statutory limit) .
(b) Employers' Liability Insurance - Coverage B.
Not less than: $100,000 each accident/BI ,
$500,000 policy limit BI by disease and
$100,000 each employee BI by disease.
(3) A COMPREHENSIVE AUTOMOBILE POLICY with a minimum
combined limit of not less than One Million Dollars
($1,000,000) for bodily injury and property damage,
applicable to vehicles used pursuit of any of the
activities associated with this Agreement and provid-
ing the following coverages (without deductibles) :
(a) All owned vehicles
9470-1
(b) Employer' s Non-ownership Liability
(c ) Hired Automobiles
(4) ENDORSEMENTS AND CLAUSES. All of the following
clauses and endorsements, or similar provisions, are
required to. be made a part of each of the above
required policies:
(a) A "Cross Liability" or "Severability of Inter-
est" clause; and
(b) City, its employees, officers, agents and
contractors are hereby added as additional
insured as respects all liabilities arising out
of Contractor' s negligence or willful mis-
conduct during performance of work under this
Agreement; and
(c ) This policy shall be considered primary insur-
ance as respects any other valid and col-
lectible insurance City may possess, including
any self-insured retention City may have, and
any other insurance City possesses shall be
considered excess insurance only; and
(d) NO CANCELLATION OR NON-RENEWAL OF THIS POLICY
OR MODIFICATION OF THE COVERAGE AFFORDED UNDER
THIS ENDORSEMENT SHALL BE EFFECTIVE UNTIL
WRITTEN NOTICE HAS BEEN GIVEN AT LEAST THIRTY
(30) DAYS PRIOR TO THE EFFECTIVE DATE OF SUCH
MODIFICATION OR CANCELLATION TO THE CITY OF
CUPERTINO, CALIFORNIA. ATTENTION: CITY
MANAGER.
B. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION. A
copy of the Certificate of Insurance and completed coverage
verification shall be provided to City by each of the
Contractor' s insurance companies as evidence of the stipu-
lated coverages within thirty (30) days of the effective
day of this Agreement . The Certificate(s) of Insurance and
coverage verification shall be mailed to City.
9470-1 - 2 -
i
FILE COPY
RESOLUTION NO. 8463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTI O
APPROVING COST-0E—LIVING ADJUSTMENT IN SERVICE RATES
CHARGED BY IAS ALMS GARBAGE COMPANY FOR COLLECTION AMID
DISPOSAL OF REFUSE AMID ESTABLISHING INVERTED RATE STRUCTURE
WHEREAS, in accordance with the franchise agreement between the City
of Cupertino and the Los Altos Garbage Company, a cost-of-living
adjustment in service rates is to be evaluated each year; and
WHEREAS, in accordance with the formula established in the agreement
for computing the adjustment a 5.9% increase is in order; and
WHEREAS, in order to reduce the waste stream to the landfill, as
mandated by AB 939, it is desirable to institute an inverted rate
structure for the collection and disposal service of refuse within the
City of Cupertino as one method of achieving said goal; and
WHEREAS, there is a need to restructure the debris box rate in order
to be more competitive with the outside market rates;
City° iT of the Ci o
Cupertino hereby approves:
1. A cost-0f-living adjustment for rates charged by Los Altos
Garbage Caarpany for refuse service.
2. An inverted rate structure for solid waste services.
3. A restructured debris box rate.
All as set forth in Exhibit "A", attached hereto and made a part
hereof, to be effective August, 1991.
BE IT FURTHER RESOLVED that the inverted rate structure shall be
reviewed on a quarterly basis during the first year for adjustments to be
made accordingly.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cgpertino this 29th day of July , 1991, by the
following vote:
Vote Members of the City Council
AYES: Rogers, Sorensen, Koppel
NOES: None
ABSENT: Goldman, Szabo
ABSTAIN: None
RESOLUTIC N NO. 8463
APPROVED:
s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
25-Jul-91 EXHIBIT A-'
MTE.WQ1
CITY OF CUPERTINO RATE INCREASE PROPOSAL
CURRENT NEW
RESIDENTIAL-ALL RATES PER UNIT RATE RATE
FRONTYARD
1 CAN N/A $8.95
2 CANS $8.95 $11.00
3 CANS $1210 $14.50
BACKYARD
1 CAN N/A $1245
2 CANS $1215 $16.70
3 CADS $15.95 $2280
HILLSIDE
1 CAN N/A $14.75
2 CANS $14.75 $18.20
3 CANS $20.45 $24.55
EACH ADDITIONAL CAN
$3.80 $10.00
DUPLEX & MULTIPLE UNITS -ALL RATES PER UNIT
CURBSIDE
1 CAN N/A $7.15
2 CANS $7.15 $8.80
3 CANS $10.90 $13.05
BACKYARD/INSIDE
1 CAN N/A $10.65
2 CANS $10.95 $15.05
3 CANS $14.10 20.15
EACH ADDITIONAL CAN
$3.30 $9.00
OVERSIZE CANS ALL CATEGORIES $4.15 $10.00
EXTRA CANS $4.15 $10.00
SENIOR CITIZENS - 1 CAN SERVICE $4.20 $a.a5
25-Jul-91 EXHIBIT A-2.'
CITY OF CUPERTINO RATE INCREASE PROPOSAL
COMMERCIAL- FRONT LOADER CONTAINERS CURRENT NEW
RATE RATE
1-1/2 CUBIC YARD CONTAINER
1 X WEEK SERVICE $66.75 $70.70
2X $103.05 $109.15
3X $148.10 $156.85
4X $194.35 $205.80
5X $240.80 $255.00
6X $286.95 $303.90
EXTRA PICK UP $16.95 $17.95
2 CUBIC YARD CONTAINER
1 X WEEK SERVICE $88.80 $94.05
2X $125.90 $133.35
3X $172.20 $182.35
4X $218.35 $231.25
5X $264.70 $280.30
6X $310.10 $328.40
EXTRA PICK UP $21.15 $2240
3 CUBIC YARD CONTAINER
1 X WEEK SERVICE $111.00 $117.55
2X $180.20 $190.85
3X $26230 $277.80
4X $345.60 $366.00
5X $428.90 $454.20
6X $512.20 $54240
EXTRA PICK UP $23.15 $24.50
6 CUBIC YARD CONTAINER
1 X WEEK SERVICE $19215 $203.50
2X $259.30 $74.60
3X $351.70 $37245
4X $444.30 $470.50
5X $536.90 $568.60
6X $629.60 $666.75
EXTRA PICK UP $40.10 $4250
i
e
25-Jul-91 EXHIBIT A-3
CITY OF CUPERTINO RATE INCREASE PROPOSAL
CURRENT NEW
RATE RATE
COMPACTOR RATE - PER CUBIC YARD $15.20 $16.10
COMMERCIAL CAN SERVICE - PER CAN $8.60 $9.10
SPECIAL SERVICE
16 CUBIC YARD CONTAINER $22200 $215.00
26 CUBIC YARD CONTAINER $273.00 $329.00
30 CUBIC YARD CONTAINER $317.00 $389.00
40 CUBIC YARD CONTAINER $387.00 $415.00
Cit'q of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino, California 95014 Cupertino,California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
March 7, 1989
Attention: Joyce Hlava .
Browning-Ferris Industries
55 AlMden Boulevard
San Jose, CA 95113
AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE INTERNATIONAL DISPOSAL
CORPORATION OF CALIFORNIA - BROWNING FERRIS INDUSTRIES
Dear Ms. Hlava:
We are enclosing to you three (3) copies of the Agreement for Disposal of
Municipal Solid Waste Between the City of Cupertino and International
Disposal Corporation of California, which has been fully executed by City
Officials, along with three (3) certified copies of Resolution No. 7747,
which was enacted by the City Council of the City of Cupertino, at their '
regular meeting of Tuesday, February 21, 1989.
After coupletion would you please send us one (1) copy to our office for
our files.
Si.ncerel ,-
t
DOROTHY S
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
,,y
COUNTY OF SANTA CLARA
CALIFORNIA
OFFICE OF THE BOARD OF SUPERVISORS MEMBERS OF THE BOARD
County Government Center, East Wing Susanne Wilson, District 1
70 West Hedding Street Zoe Lofgren, District 2
San Jose, California 95110 Ron Gonzales, District 3
(408) 299-4321 Rod Diridon, District 4
Dianne McKenna, District 5
April 26, 1989
Ms . Dorothy Cornelius, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 94014
Dear Ms. Cornelius:
SUBJECT: AGREEMENT FOR DISPOSAL OF MUNICIPAL SOLID WASTE BETWEEN THE CITY
OF CUPERTINO AND INTERNATIONAL DISPOSAL CORPORATION OF CALIFORNIA
Enclosed you will find one fully executed copy of the subject
Agreement between the City of Cupertino and International Disposal
Corporation of California which the Board of Supervisors approved at its
regularly scheduled meeting on April 11 , 1989.
The enclosed is for your files.
Very truly yours,
BOARD OF SUPERVISORS
;DOLALD RAINS, CLERK
Gail Wess
Deputy Clerk
DMR:gw
Enclosure
cc: County Executive
► . MAI
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
Fred S.James&Co.of Georgia,Inc. UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
3333 Peachtree Rd.,N.E.#500
Atlanta,Ga.30326 COMPANIES AFFORDING COVERAGE
INSURED
International Disposal Corp. COMPANLE
International A National Union Fire of Pittsburgh, Pa.
1601 Dixon Landing Rd.
Milpitas, CA. 95035 ETTERNY B London Underwriters
COMPANY
LETTER C
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.Notwithstanding any requirement,term or condition of any contract or other
document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.
Limits of Liability In Thousands(000's)
COMPANY POLICY EACH
LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE AGGREGATE
GENERAL LIABILITY
®COMPREHENSIVE FORM
®PREMISIS-OPERATIONS
® EXPLOSION AND COLLAPSE
HAZARD
® UNDERGROUND HAZARD BODILY INJURY AND $2,500
A ®PRODUCTS/COMPLETED GLA 4597077-MA, NJ
OPERATIONS HAZARD PROPERTY DAMAGE
®CONTRACURAL INSURANCE 10/1/90
® BROAD FORM PROPERTY COMBINED
DAMAGE GLA 4597076-ALL OTHER
®INDEPENDENT CONTRACTORS
®PERSONAL INJURY
AUTOMOBILE LIABILITY
® COMPREHENSIVE FORM
N/A ®OWNED
® HIRED 10/1/90 BODILY INJURY AND $2,500
®NON-OWNED SELF-INSURED PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
B INCLUDING HERAL AUTO& PY 045789 BODILY INJURY AND
5/1/90 PROPERTY DAMAGE $5,000 $5,000
®OTHER THAN UMBRELLA FORM
COMBINED
STATUTORY
N/A WORKER'S COMPENSATION 52500(EACH ACCIDENT)
and SELF-INSURED 10/1/90 52500(DISEASE-POLICY LIMIT)
EMPLOYER'S LIABILITY 62500(DISEASE-EACH EMPLOYEE)
B ® RISK
DAMAGE ON VEHICLES NA 4104/8 10/1/90 $25,000 EACH OCCURRENCE
PHYS.
DESCRIPTION OF OPERATIONS
This policy shall be considered primary insurance as respects any other valid and collectible insurance City
may possess, including any self-insured retention City may have, and any other insurance City processes shall
be considered excess insurance only.
DATE ISSUED: OCT 17, 1989 CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
NAMEAND ADDRESS OF CERTIFICATE HOLDER BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY
City of Cupertino, its employees WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER,BUT FAILURE TO MAIL SUCH NOTICE SHALL
officers, agents and contractors IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
10300 Torre Ave. COMPANY,ITS AGENTS OR REPRESENTATIVES.
Cupertino, CA. 95014 ��t c��
AUTHORIZED REPRESENTATIVE
Certificate Holder-(White) District File-(Yellow) Houston Risk Mgm't.-(Pink&Gold) RM C89
01,
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Waste c�
Systems,.r
BROWNING-FERRIS INDUSTRIES
International Disposal Corp. of California, Inc.
October 17, 1989
Mr. Bert Viskovich
City of Cupertino
10300 Torre Avenue .
Cupertino, California 95014
Dear Mr. Viskovich:
Please find enclosed International Disposal Corporation's
Certificate of Insurance for the Disposal Agreement. This
Certificate supersedes the current Certificate you have on file.
This Certificate is effective until September 30, 1990.
If you have any questions concerning this, please do not
hesitate to call me.
Sincerely,
jV��
*. G a Manager
International Disposal Corp.
FGA: sfg
1601 DIXON LANDING RD. P.O. BOX 1987 • SAN JOSE, CALIFORNIA 95109
