Palm Desert Disposal/Waste Services 831. �.
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78-105 CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 - (619) 564.2246
July 16, 1986
Mr. Raymond P. Burke, General Manager
Palm Desert Disposal
P.O. Box 3876
Palm Desert, California 92261
Dear Mr. Burke:
Council
At their meeting of Jquesuly t'for8an extension 6, the La lofayour yfranchise
met and considered your request
agreement for a period of five years, and proposals for rate
adjustments.
It was the decision of the Council, byunanimous
dote, to
approve a franchise extension of three (3) years
termination date of June 30, 1988, effectively extending Lour
exclusive franchise for refuse disposal with the City
Quinta to June 30, 1991- Pursuant to this action, it was also
the decision of the Council to approve a rate adjustment for
residential service, with corresponding adjustments for
commercial service, °f 2.15% for the next dential service rate ofo$5e75sperT
his
will result in a rest month,
commencing July 1, 1986, and $5.85 per month c mmenceesing July
1987. It is also our understanding that dump
be
increased by 10 cents for residential customers.
We look forward to working with Palm Desert Disposal
over the next five years, and
attrust
currentthat
levelssofdisposal
responsesandrees
within our City will remain
effectiveness for citizens of La Quinta.
If you have any questions regarding our action, please
contact me.
ery truly y urs,
1
� r
Jo J. ena
Mayor
JJP/aj
cc: City Manager
file
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
EXCLUSIVE CONTRACT
TO PERFORM REFUSE COLLECTION SERVICE
CITY OF LA QUINTA
AND
SCA SERVICES, INC.
EXCLUSIVE CONTRACT
TO PERFORM REFUSE COLLECTION SERVICE
THIS CONTRACT made and entered into this 1st day of
July, 1983 , by and between the City of La Quinta,
a municipal corporation of the State of California ( hereinafter
designated as reinafterndesignatedlasS'Contractor1l). nia
corporation (he
W I T N E S S E T H:
That the Parties hereto have mutually convenanted and agreed
as follows:
I. CONTRACT DOCUMENTS
The contract documents consist of Chapter 6.04 of the
Municipal Code of the City of RateaS4hedule.ofcthe1City ofContrLatQuinta's
Residential and Commercial
as all the same exist or as may be amended. This contract, the
performance bond, hedreinlandher arerequired consideredcaseone andas tnotgseverable.
set forth in full
II. TERM OF CONTRACT
The Contractor does hereby convenant and agree to collect,
transport,and dispose of garbage, rubbish, and refuse accumulated
by the inhabitants or others of the City in accordance with this
contract, the laws of the State of California, the Ordinances of
the County of Riverside, and the specifications adopted by the
ity of La Quinta governing the collection,
City Council of the C
transportation and disposal of garbage
contractcommencinghon
contract is effective for a five (5) ya
the 1st day of July, 1983 to and including the 30th day of June,
1988. By mutual consent of both the Contractor and the City and
upon the terms acceptable to both parties, this contract may be
extended or amended for additional periods of time or conditions
as may be agreed upon. In the event either city or Cosontractor
does not desire to extend this contract,
they shall notify
the other party in writing at least one hundred -twenty (120)
days prior to the end of this contract, or at the end of any
extension period, as may be applicable.
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III. OBLIGATIONS OF THE CONTRACTOR
It is understood and agreed that the Contractor shall
sponsibility for reasonably per -
have the sole obligation and re
forming all matters of every kind and description required to be
performed in connection with the collection, transport, and and dis-
in
posal of solid waste and trash generated speifi ly set forth to be
the City
set forth, except for
se matters
eationscherebyassumed and agreed
performed by the City•
to be performed by the Contractor shall include, but not be
limited to, the following:
A. FINANCING
The Contractor shall provide all finances and monies required
in connection with the contract and performance
thereof,
in lading
any monies required for interim financing, g-
t
working capital and all other operating costs of every kind and
description whatsoever.
B. PERSONNEL AND EQUIPMENT
The Contractor shall provide all personnel and all machinery
and equipment of every kindand
description whatsoever required
for the performance of tcontract.
C. LIABILITY INSURANCE
The Contractor shall be responsible for any personal injury
and for any damage to property suffered by the public or by any
private person that may be sustained through, or on account of,
any negligence, failure or fault of the Contractor, or its agents
or servants, in commplying with and carrying out the terms of this
contract, and for any negligence which may occur as abfalt
of the
Contractor, and the Contractor shall carry
Public Y Insurance
in any amount not less than $1,000,000.00 for injuries, including
accidental death, to any person and, subject to the same limit
for each person, in an amount not less than
damage0insu anceoin
account of any one accident, and property g
an amount not less than $1,000,000.00 for each accident. Such
insurance shall name the City as additional insured and shall
hold the City harmless of liability in all such actions. Satis-
factory evidence of such insurance in an acceptable orompoanshall
y
be submitted to the City at least ten (10) days p
the
The City shall be the sole judge
execution of this contract.
ory and which company is acceptable.
of what evidence is satisfact
D. WORKERS' COMPENSATION INSURANCE
The Contractor shall obtain workers' compensation insurance
in an amount as will fully comply with the laws of the State of
California and which shall protect both the Contractor inj
uries
the
City from any loss, claim or damage arising
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or occupational diseases happening to any worker employeed by
the Contractor in the course of carrying out the within contract.
Satisfactory evidence of such insurance carried by an
acceptable company shall be submitted to the City at least ten
(10) days prior to the execution of this contract. The City
shall be the sole judge of what evidence is satisfactory and which
company is acceptable.
D. NOTICE TO CITY, INSURANCE COVERAGE
The terms of the insurance policies issued to provide the
above insurance coverage shall provide that said insurance cannot
be cancelled by the carrier for non-payment of premiums or
otherwise, without sixty (60) days prior, written notice of
cancellation to the City.
E. PERFORMANCE BOND
The Contractor shall, at least ten (10) days prior to the
execution of this�contract, provide the City with a performance
bond in the amount of Fifty Thousand Dollars ($50,000.00). Payments
of such performance bond shall be due and payable to reimburse
ined in
the CityofothenContractorutoaperform as hereinafter event of default
y losses hereinaftersetforth.
failuree
F. PRIMARY RESPONSIBILITY
It shall be the primary responsibility of the Contractor to
collect all waste material of any kind and description whatsoever,
except as herein specifically excluded,
from within the City of
La Quinta in and orderly and effecient manner so as to complement
the City and provide for future expansion to meet the needs of
the City.
G. CONTRACTOR PAYMENTS TO CITY
In consideration for an, exclusive contract, Contractor shall
pay to the City eight percent (8%) of all gross receipts
ciptsattrib-
utable to La Quinta customers, exclusive of dump e
surcharges
received under this contract. Payments shall be made to the
City by the fifteenth (15th) of every month for the preceding
month's receipts. In the event of termination, the balances
due for the billing period during which the termination occurs
shall be paid within thirty (30) days of the termination.
H. COLLECTION AT CITY FACILITIES
The Contractor agrees to provide collection services at no
charge for refuse containers on City operated property accessible
to drive up or drive in collection including but not limited to,
City Hall, City Parks, City Police Department, City Fire Department,
and litter receptacles on the City
City Corporation Yard, Library,
street-S. The collections shall be made a: often as shall be nec-
essary to maintain a sanitary condition.
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I. COMPLAINTS
All service complaints shall be attended to within 24 hours.
The Contractor shall supply the City with copies of all complaints
on a form approved by the City and indicate the disposition of
each. Such records shall be available for City inspection at
all times during normal business hours. The form shall indicate
the day and hour on which the complaint was received and the
day and hour on which it was resolved. When a complaint is
received on the day preceding a holiday or on a Saturday, it
shall be serviced on or before the next working day.
J. VEHICLES
The Contractor shall provide an adequate number of vehicles
and equipment for regular collection services. These shall be
kept in good repair, apperance, and in a sanitary condition at
all times. Each vehicle shall have clearly visible on each
side the name and telephone number of the Contractor's local
office. In addition, the contractor shall provide 2-way radio
communications with the route supervisor and commercial collection
vehicles. Such vehicles and equipment shall be subject to City
inspection at any time during business hours that the City deems
appropriate.
K. DELINQUENT RESIDENTIAL ACCOUNTS
The City has determined it to be in the best interest of
the health, welfare, and safety of the residents of the City to
make it mandatory for residents to subscribe for refuse collection,
and further, the City has also determined that the Contractor
is obligated to continue to provide service to accounts which
are not paid. In addition to any other remedies the Contractor
might have by reason, of this contract or pursuant to the laws of
the State of California, delinquent residential charges, including
late charges, shall be recoverable throught the tax lien process
provided by the Government Code. For the purpose of the.Agreement,
a "delinquent account" shall mean any account which remains unpaid
two (2) quarterly billing cycles as of December 31. All delinquent
residential accounts shall be construed as accounts owed the City.
The City is hereby obligated to use its best effort to effect
collection but has no obligation to collect. Upon collection
of any delinquent accounts, the City shall remit same to the
Contractor. It is specifically understood and agreed that it is
the Contractor's obligation to reimburse the City for all out-
of-pocket expenses in connection with the placement of the del-
inquent residential accounts on the tax rolls, and to provide
all information to be submitted to the County Assessor's Office
in a form acceptable to the County, together with a hard copy
of the individual accounts for inclusion in the report to be
submitted to the City for its action. It is specifically
understood that the City is to be reimbursed for its administrative
costs of processing receipts and disbursements as a result of
funds collected through the tax rolls, said disbursements amounts
to be agreed upon between the parties from time to time.
N
I,. VEHICLE EMISSION
I.During the term of this contract,
theestrictestoantiaairuse
only those vehicles which comply
with pollution standards available to the vehicles utilized.
M. UNIFORMS
Contractor's collection personnel shall be uniformed in
fresh, cleaned, and pressed wearing apparel.
N. LICENSES
ll times, carry a valid operator's
Each employee shall, at a
license for the type of vehicle he is driving.
0. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor and City hereby agree to perform to the terms
of the Contract in such amanner so as to comply with all valid,
non -discriminating and applicable rules, regulations and ordinances
of the City, County, State or any other regulatory body or agency
having applicable jurisdiction over operations of contractor.
that in the event a third party
that
Contractor furthermore agrees f this contract,
shall make a claim contesting the validity o
the Contractor shall provide, at its expense, appropriate legal
counsel in defense of any such claim that may be made against
the City.
P. TAXES
The Contractor shall pay all Federal, State, and locawhich
taxes, including sales taxes, social security taxes, etc.,
may be chargeable against the labor, material, equipment
or other items necessary in the performance of this contract.
Q. FINANCIAL AND ACCOUNTING
1. The Contractor shallprovide the City annually, within
ninety (90) days after the close of Contractor's fiscal year, which
is March 31, with a certified statement of its gross receipts
by category of service from all revenues attributable to all
l be
operations within the City
Quinta such Accountant oraaeLicensedlPublic
attested to by a Certified Public
Accountant.
2. The Contractor shall keep a seperate account of dump
surcharge revenues collected from within the City of La Quinta
and shall, from its overall Operations, separate surcharge
expenses from other expenses.
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R. RATE INCREASES
1. The Contractor may petition the City for
a rate adjustment as a result of increases in Contractor's
cost of operations within the City. In such an event, the
Contractor shall provide documentationrelative to the average
per unit cost of service which may be tested and audited iniew order
to make a decision on this increase. The City y
ch
data or retain an independant Certified Public Accountant or
Licensed Public Accountant, at Contractor's expense, to review
such data.
2. Contractor shall make its reports and methods
of accounting available to the independant auditor in order to
allow the independent auditor to review Contractor's accounting
systems, procedures, and costs. Such reviews shall be conducted
by the auditor at any time during normal business hours as
directed by the City. The auditor shall have access to the cost
data for Contractor's total operation, as well as to the portions
thereof relating to the City of La Quinta -j if the auditor
reasonably deems such information to be relevent to his duties
pursuant to this contract.
3. Any report from the auditor to the City
resulting from the auditor's review of Contractor's records
shall be limited to a letter of compliance relating to account-
ing procedures and to the identification of Contractor's costs,
and shall not set forth Contractor's actual operating results.
The auditor shall also make such recommendations as he deems
necessary as to the adequacy of Contractor's data collection
methods, and as to the availability and sufficiency of this
information including direct and indirect costs of operation.
Auditor shall
furnish
City
by ContractorPsopinion
recordsto whether
ls
the increase supportable
4. Any rate increase granted shall not exceed
an amount necessary to allow Contractor the recovery of such
costs increase, past and future, as are determined by the-a,1ditor.
5. Requests by Contractor for rate increases
under this section shall be submitted not more often than annu-
ally during the month of April. City and Contractor shall co-
operate in good faith to resolve said request within forty-
five (45), calendar days from initial submission of Contractor's
request and submittal of required financial information as per
Section R.
IBM
In the event City and Contractor reach an
impasse in agreeing on an equitable and fair increase based on
information requested and provided as required by Section R
above, the following will then apply:
City and Contractor will obtain data and
average same, within thirty (30) calendar days after the end
of forty-five (45) days per Section 4 above,
from all Cities
and County area in Coachella Valley as to rates charged to customers
for comparable rubbish servie. Collection costs and bad debt
allowances shall be presumed to be included in the actual rate
paid by the customer.
These rate, excluding La Quinta rates,
will be averaged. The simple average will then be the new rate
allowed the contractor.
The rates established under this impasse
procedure shall be effective the first day of January after the
April request date for all years after the calendar years (1983 &
1984) of this contract,
S. CLEARING OF STREETS AND HIGHWAYS
The Contractor shall, upon call bar the City, be
responsible for the clearing of streets and highways as a result
of an accident. This responsibility shall be applicable to
cleaning of spilled agricultural products and shall not normally
apply to removal of vehicles or portions thereof. The COntractor
shall have the right of subrogation against those responsible
for the accident.
T. ANNUAL CLEAN UP DRIVE
The Contractor shall provide two free annual community -
wide trash cleanup services on the dates scheduled by the -city. The
Contractor shall be responsible for the pickup of unusual='mOor items
of trash,. such as tires, boxes, abandoned fruniture, etc., (no
vehicles).
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U. GENERAL PROVISIONS
It is understood and agreed by the parties
hereto that the following General Provisions shall apply to each
party or both parties as applicable and necessary to assure the
effectiveness of this contract.
a. RENEWALS OR AMENDMENTS OF CONTR.CT
Renewals or amendments to this contract and
other documents made a part hereof may contain dneepartiesions fwith-
additional provisions as mutually agreed to by
out deeming the unchanged provisions cancelled.
b. THE CONTFICKTOR - AN INDE°`-NDENT CONTRACTOR
It is understood and agreed that the Con-
tractor is, and at all times shall be, an independent contractor
the
and nothing orcontained
shall
whosebe construed compensationaforaservices is
Contractor, or any individual
paid by the Contractor, as agent or employee of the City, or
authorizing the Contractor to create or assume any. obligation or
for or on_ behalf of the City. Further, n connection
liability reason'of any
with any claim for liabilities against the City by
acts of the Contractor, the
Contractor agrees to indemnify and
hold the City harmless
C. "FORCE MAJEUR"
Either party to the Contract is excused
from default of performance because of conditions beyond his
control such as war, insurrection, strikes, riots, civil arturs
rection, Acts of God, and any tithe cause uontractor shalleyond rprovide
control. In the event o �{
alternate methods of collection satisfactory to the City.
d. EXCLUSIVE CONTRACT
It is agreed that the Contractor shall have
the exclusive right during the term of this contract and all
renewals thereof to collect, andceiv
allegeneralp�efuseegconstruction
recycle, and dispose of any or within the City or under
refuse and bulky items generated bysu
its jurisdiction, and to charge the fee then in ef_`ect ofrthech
services. upon collection, all trash becomes oroperty
salvaged materials.
8$ contract fee shall not apply t
e. FAILURE TO PERFORM
Failure of the Contractor to perform as
herein specified for a period in excess of five (5) consecutive,
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scheduled working days or failure to operate the systemfora
satisfactory manner, in the sole judgment of the City,
similar period, the City may move as follows:
1. The City shall notify the Contractor
by Certified mail that the Contractor has failed to perform waste
uled
disposal services for a per ios°ne5
tenttotakenconsecutive
d
hereinafter
working days and of the Cityor
set out and operate
such
ttservices
the dateusing
andnti:�etthat theiCityt.
Said notification shall sae
intends to take over.
2. Use and operate Contractor's equipment
unitl such matter is resolved and hhe is contractor is In asuch gaineaele
to carry out his operation under t
the City shall have access to the Contractor's records for the
pur ose of billing and shall retain all payments and funds re -
purpose provides service.
ceived for the period which the City
During such period, the liability of
the City to the Contractor for loss or damage to such equipment
'�
so used shall be that of a bailee for hire, ordinary The liabil-
ear and
tear being specifically exempt from such liability.claims
ity of the Contractor to third erationsofltheecollectionhal case and allservice
or demands arising out of the p
shall be directed solely to the City.
If the Contractor is unable, for any
cause, to resume performa�ceend
allfliabilitythirty 3of theeCity
days from beginning of C_ y takeover,
ender this contract to the Contractor shall cease and the C^era-
shall be free to negotiatewith
other uchcoperationsfor with anotter
lion of said collection
contractor shall not release
breacheofothis ccontract. In tie event
ity to the City for such breach
or
that this contract is so negotiated with a new contractor
other contractors, third party liability of the contractor herein
as such liability arises from tortious
shall terminate insofar
conduct in operation of the collection service.
f. SALE OF BY-PRODUCTS
The Contractor shall be entitled to all
revenue generated through its performance under the terms of this
contract, including
the sale of salvageable materials.
g, RIGHTS, RF�iEDIE'S =VD BENEFITS OF CONT?ACT
It is agreed that each and every one of the
rights, remedies and benefits provided by this Contract saishad
rights,
t be exclusive of any other of said rights,
I cumulative, and shall no.. r rights, remedies and
remedies aid benefits,ed by nor of any othe
benefits
h. WAIVERS
One or more waivers of any covenant, agreement or
condition of default regarding provisions of this contract by
either the City or the Contractor shall not be construed as a
waiver of a further breach of the same covenant, agreement,
condition or the right of such party thereafter to enforce each
and every provision.
i APPROVAL BY CITY
Wherever approval by City is required, it shall mean
approval by the City Manager or as directed by the City Council.
j. NOTICES UNDER CONTRACT
Whenever, under this contract, provisions is made for notice
of any kind, it shall be deemed sufficient notice and service
thereof if the said envelope to be delivered by Certified mail,
addressed as follows:
If to the City: City of La Quinta
78-105 Calle Estado
La Quinta, CA 92253
If to the Contractor: Palm Desert Disposal Service, Inc.
Post Office Drawer LL
Cathedral City, CA 92234
Changes in the respective addresses to which such notices shall
be directed may be made from time to time by either party. Notice
of any such change in address shall be directed to the other party
in writing by Certified mail.
k. LEGAL JURISDICTION
This contract and the rights of the parties hereunder
shall be interpreted under the laws of the State of California.
1. PARAGRAPH HEADINGS
The paragraph headings of this contract are mt a part of
this contract and shall have no effect upon the construction
or interpretation of any part of this contract.
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M. ENTIRE AGREEMENT
This contract contains the entire agreement
of the parties hereto with respect to matters covered hereby,
and no other agreement, statement or promise made by any party
hereto, or agent of such party, which is not contained herein,
shall be binding or valid. No purported modification, amendment
or other change in this contract shall be valid unless set forth
in writing signed by both Contractor and City.
n. SUBLETTING CON'_"RACT
This contract, or any portion thereof, shall
not be sublet except with the written consent of the City. No
such consent shall be construed as making the City a party to
such sub -contract, or subjecting said City to liability of any
kind to any sub -contractor.
RE
COMPENSATION TO CO�v'TRAC"'OR
As full compensation to the Contractor for
the service performed and per the terms of this contract, the
Contractor shall be entitled to collect the service fee then in
effect for all matter collected by the Contractor under the terms
of this contract. The amount of any applicable restart fee shall
be set by Council Resolution as part of the rate adjustment pro-
cedure.
P. FEES FOR REFUSE COLLECTION
Fees for refuse collection shall be set by
resolution of the City Council and shall continue in full force
and effect until amended by resolution of the City Council or as
set forth in this contract.
q. ASSIGNS
This contract shall not be assignable by
the Contractor without the prior written consent of the City,
except that Contractor may assign this contract to the wholly
owned subsidiary.
r. CHANGE OF OWNERSHIP
The City, in entering this contract, has
placed a special value, faith and confidence upon the experience,
background and expertise of the Contractor in the field of waste
disposal. Such faith and confidence being a substantial consid-
eration in the granting of this contract, the parties hereto
therefore agree that no change of ownership or transfer o_ stock
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in the Contractor's business in an amount equal to or greater
than ten percent (10%) of such ownership or stock shall take
place without the prior written consent of the City.
S. BANKRUPTCY
If the Contractor shall at any time during
the term of this contract become insolvent, or if proceedings
in bankruptcy shall be instituted by or against the Contractor,
or if the Contractor shall be adjudged bankrupt or insolvent by
any Court, or if a receiver or trustee in bankruptcy or a receiver
of any property of the Contractor shall be appointed in any suit
or proceeding brought by or against the Contractor, or if the
Contractor shall make an assignment for the benefit of creditors,
then and in each and every case, this contract and the rights
and privileges granted thereby shall immediately cease, determine
and be forfeited and cancelled without notice and without suit
or other proceeding.
t. WAIVER OF PERF=R LANCE
The failure of either party to insist in
any instance upon_a strict performance by the other party of any
of the provisions, terms, covenants, reservations, conditions,
or stipulations contained in this contract, shall not be consid-
ered a waiver thereof, and the same shall continue and -emain in
full force and effect. No waiver by the City of any provision,
term covenant, reservation, condition or stipulation contained
in this contract shall be deemed to have been made in any in-
stance unless expressed in the form of a resolution by the City
Council.
U. INVALID PROVISIONS
The parties agree that in the event any:.
covenant, condition, or provision herein contained is held -.to.
be valid by any Court of competent jurisdiction, the invalidity
thereof shall in no way affect any other provision in this con-
tract if the provision does not materially prejudice either the
Contractor or the City in their respective rights and obligations
hereunder.
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V. WARRANTY
The Contractor warrants that it has Inot employed any
officer or employeeof the City of La Quinta nor offered any gift,
gratuity, contingent fee nor any other thing of value to such
officer or employee of the City of La Quinta seeking assistance
in obtaining this contract.
W. OPERATIONAL REQUIREMENTS
1. Commercial
a. Collection during winter months shall
be between 6:00 a.m. and 6:00 p.m.
b. Collection during summer months shall
be between 5:30 a.m. and 6:00 p.m.
2. Residential
a. Collection during winter months shall
be between 6:30 a.m. and 6:00 p.m.
b. Collection during summer months shall
be between 5:30 a.m. and 6:00 p.m.
3. Refuse shall be collected from containers at the
location of all residences and dwellings, whether a single family
or multiple dwelling unit, not less than once per week.
4. Refuse shall be collected at all places os business
as often as shall be necessary to maintain a sanitary condition
and provide reasonable convenience to such business establishments.
5. All persons, except business establishments who
are furnished container by the Contractor, shall provide a standard
metal or plastic container of not mare than thirty-three (33)
gallon capacity, each with a tight fitting cover, tapered sides,
two handles or bales, and shall not exceed fifty (50) pounds
gross weight each when filled.
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1
6. Business establishments and apartment
units of three (3) or more shall use containers specified by the
Contractor which shall be sized to contain all refuse accumulation
of the business for four (4) days or other period as determined
applicable by the Contractor. The service level or, bins re-
quired or frequency of pick-up shall be determined by Contractor.
Appeal to Contractor determination shall only be made to City
Manager and/or City Council.
7. In the event of storm, riot, fire or
act of God, the Contractor shall be granted reasonable variance
from his regular schedule to collect the additional refuse. As
soon as practicable after a storm or disaster, Contractor shall
advise the City and the public of the estimate of time required
before he can resume the regular schedule.
8. Refuse may be transferred from the
container into tubs, can, hamper or other containers used by the
Contractor in carrying this matter to collection trucks. This
shall be done in a sanitary manner and any matter spilled in
transferring shall be picked up by the collector.
9. Collection of refuse shall be made from
the place where containers are freely accessible, are at the
ground level or on a platform not more than three (3) feet above
the ground, and are not inside any dwelling, store, office, shelter
or other building.
10. The Contractor shall not be required to
collect from containers of more than thirty three (33) gallon
capacity or fifty (50) pounds gross weight, when filled wholly or
partially, unless Contractor shall have provided the container.
11. Containers moved by the Contractor for
his convenience, shall be returned to their original locationby-
Contractor within a reasonable time.--
12. Space about the containers shall be
left free from any refuse spilled during the collection. The
Contactor shall not be responsible for cleaning up unsanitary
conditions about the refuse containers caused by carelessness of
the occupant.
13. Care shall be taken by Contractor's
employees to prevent damage to containers by unnecessarily rough
treatment.
14. Employees of the Contractor shall not
)be required to expose themselves to the danger of being bitten
by vicious dogs in order to accomplish refuse collection in any
case where the occupants have such an animal at large.
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15. Residential refuse will be collected
not to exceed sixty (60) feet from side, back door, carport, or
other area as established by the Contractor pursuant to the ap-
oroval of the City.
16. Refuse collections shall be made with
as little noise and as little disturbance to the householder or
�usi:.ess place as possible, and without crewing a nuisance.
Containers and receptacles shall be careful'_! :andled by t:e
Contractor and shall be thoroughly emptied and left at the
premises where they are found.
17. The collection of bulky items such as
;iscarded f•arniture, appliances, packing crates and containers
shall be accomplished as a special haul and shall be charged
for by the Contractor in accordance with to fee schedule then
in effect.
18. The Contractor shall be free to estab-
lish such refuse collection routes as will contribute to the
maximum efficiency of operation.
19. The Contractor shall do every reason-
able act to provide a service of high quality and keep the
n-LL7ber of legitimate complaints to a mini.m%im.
20. Tree limbs less than five inches (5")
in diameter and vine cuttings shall be picked up by Contractor
as solid municipal waste when they are securely tied in bundles
less than 24 inches (24") in diameter and not over four (4)
:eet in length. ?eaves and grass trimmings, not to exceed fifty
(50) pounds per bundle, placed in plastic bags at curb or road-
side, will be picked up on regular collection days. Maximum.
-weight per collection to be three hundred (300) pounds consisting
of six (6) cans, bags, bundles from all sources.
21. Tree limbs, plant and vine cuttings of
larger di.;.ension than hereinabove specified shall be picked up
as a special haul and shall be charred for at the Fee then in
effect.
22. Except in cases where a health ;-.azard
nay exist, the Contractor shall not be required to provide :-cre
than once a week collection of special iteT.s or bulky items to
the same c::stomer.
23. Contractor shall collect trash such as
=onstruction and repair project debris as required to meet the
-reeds of said project.
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24. In the event service is missed, the Contractor
shall return and pick up same within twenty-four (24)hours.
25. The City may inspect the operational records
of Contractor at any reasonable time to insure performance of
contract provisions.
26. The Contractor shall provide one free annual
community wide trash clean up service on the
Saturday of unless changed by mutual agreement. The
Contractor shall be responsible for the pick up of usual major items
of trash, such as tires, boxes, abandened furniture, washers, refri(I
gerators, etc. as long as they are placed at the curb of the reside
by 6:00 a.m. on the clean up day. As in the past, the Contractor
will also provide the Chamber of Commerce with several large Roll
Off bodies during this time.
27. The Contractor shall provide either plastic
lids or apartment lids on bins that require lids.
28. The Contractor shall place all commercial
containers off the right away of both residential customers and or
commercial customers.
x., QUALITY OF SERVICE
1. The direction and supervision of the refuse collect
and disposal operation, including all sub -contractors, foremen and
workmen employed by Contractor, shall be competent, qualified and
sober personnel, to insure performance satisfactory to the City and
to serve the public in a courteous, helpful and impartial manner.
2. The Contractor shall furnish the City with every
reasonable opportunity for ascertaining whether or not the work is
performed in accordance with the requirements of this contract.
3. The Contractor shall designate a persons to serve
as agent and liaison between his organization and the CIty.
4. The City may inspect the Contractor's operations
and equipment at any reasonable time and the Contractor agrees to
admit him to make such inspections.
VIII. This agreement, consisting
including schedules attached hereto, is
each of which executed copy shall have
original.
of eighteen (18) pages,
executed in triplicate,
the force and effect of
not
the
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CITY OF IN QUINT , IFO NIA
BY
MAYOR
BY -
Attest: t, it Clerk
COUNCIL MINUTE ORDER aK DATED:
Date 1- IZ-83
SCA SERVICES, INC.
By
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