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Home My WebLink About27-90 J • • , • RESOLUTION NO. 27-90 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SEVENTH ADDENDUM TO AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LOS ALTOS GARBAGE COMPANY WHEREAS, on or about May 3, 1977,. the Town of Los Altos Hills (herein called "Town") and Los Altos Garbage Company, a partnership (now a corporation and herein called "Company") , entered into an Agreement for the collection and disposal of garbage, refuse, swill and wastematterwithin the Town (the "Agreement") ; and WHEREAS, thereafter Town and Company entered into the following addenda: Title Date Subject Addendum November 23, 1982 Extending term of Agreement Second;, Addendum September 19, 1984 Remitting of revenue generated by garbage rate increase to pay costs of 1984 Solid Waste Disposal Participation Agreement Third Addendum May 20, 1987 Extending term of Agreement and providing for periodic rate , adjustments Fourth Addendum November. 4, 1987 Amending requirements for surety bonds Fifth Addendum December 2, 1987 Rate increase and remittance Sixth Addendum February 3, 1988 ' Remittance of revenue generated by previous rate increase a • • and WHEREAS, the City Council of Town has read and considered that certain Seventh Addendum to the above-described Agreement, concerning mandatory garbage collecting changes in garbage rates and recycling; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: 1. Public interest and convenience require the entering into of a further Addendum to the Agreement described above, and the Town of Los Altos Hills hereby approves the Seventh Addendum to the Agreement, a coy of which is attached hereto as Exhibit A. 2 . The Town of Los Altos Hills shall enter into, and the Mayor is authorized and directed on behalf of said Town to execute the above-described Seventh Addendum to Agreement. REGULARLY passed and adopted this 16th day of May 1990. tyl Mayor ST: City Clerk PB\MAS\1494900K.W50 - 2 - . • Ai. SEVENTH ADDENDUM TO AGREEMENT THIS SEVENTH ADDENDUM TO AGREEMENT is made and entered into effective as of 5/16/90 , 1990, by and between the. TOWN OF LOS ALTOS HILLS, a municipal corporation ("TOWN") , and LOS ALTOS GARBAGE COMPANY, a California corporation ("COMPANY") in order to amend the Agreement of May 3, 1977, as amended,- between TOWN and COMPANY. RECITALS : A. On or about May 3, 1977, TOWN and COMPANY entered into an Agreement for the collection and disposal of all garbage, refuse, swill and waste matter produced, kept or accumulated in the TOWN ("Agreement") ; and B. TOWN and COMPANY have entered into six Addenda to the Agreement, and now desireto enter into a Seventh Addendum to the Agreement to provide for universal collection of garbage, recycling services and changes in garbage rates. NOW, THEREFORE, TOWN and COMPANY agree as follows: 1. Paragraph 8 Amended. Paragraph 8 of the Agreement is hereby amended to read: 8. Service. a. Regular Service. COMPANY shall provide regular, scheduled, universal refuse, garbage and waste collection service. This service shall be provided on a city-wide basis at least once per week to each house- hold and other occupancy within the TOWN, or more often if arranged for by the customer. This service need not be provided to a household or other occupany which has been exempted from the service by the City Manager. • • b. Recycling Service. COMPANY shall provide regular, scheduled, universal recycling service to include at least, but not limited to, collection of cans, bottles, newspapers, cardboard, paper, and plastics. (i) Service. This service shall be provided on a city-wide basis, at least bi-weekly, to each household or other occupancy within the TOWN and shall be on the same day as the regular garbage service set forth in Section 8a above. (ii) Credit. COMPANY will retain an $0.80 per month, per household, credit to cover a portion of the cost of the recycling program. This amount will be subtracted from the monthly remittance to TOWN, and will be itemized on the remittance report. (iii) Recycled Material. All acceptable recyclable material collected by COMPANY as part of the recycling program must be recycled. None may be landfilled without the written approval of the City Manager. (iv) Bins. COMPANY shall provide at least one (1) recycling bin to each household and non- residential account, at no charge to the customer. COMPANY will provide all residential lots having separate primary and secondary dwellings with two bins. COMPANY will provide additional or replace- ment bins promptly, upon request and may charge a reasonable fee, as set forth in Exhibit A. (v). Promotion. COMPANY will provide, free of charge, all initial and ongoing brochures, media advertising, and billing inserts necessary to adequately educate citizens of TOWN about the comprehensive recycling program, including house- hold pick-up, yard waste drop-off, and demolition credit, to ensure the success of the program. Such materials shall be provided prior to program start-up, to all new accounts, and at least annually to all accounts. (vi) Effective Date. COMPANY will ensure all elements of the recycling program set forth in Paragraphs 8 and 9 herein are fully operational by July 1, 1990. - 2 - • • c. Location of Service. Residential garbage, refuse, swill, waste matter, and recycling items shall be collected by COMPANY outside of the premises of each occupancy, free of all enclosures and access restric- tions, or at such other location approved by the City Manager. d. Remiss Service. COMPANY shall collect and remove from any and all premises, within twenty-four (24) hours after demand, notice, or request, any and all refuse or recyclable items which COMPANY shall have failed to collect and remove, as required, at the regular scheduled time. e. Modification of Schedule. COMPANY shall not alter or adjust collection schedules or routes without providing prior notice to the TOWN and to all affected service addresses. No schedule modification shall result in a reduced service frequency to any customer, unless requested. f. Compliance with Ordinances. COMPANY shall at all times comply with TOWN noise, traffic and other TOWN ordinances in collection, disposal, and billing operations. 2. Paragraph 9 Amended. Paragraph 9 of the Agreement is hereby amended by adding the following language thereto: COMPANY, without cost or charge to TOWN, shall collect yard waste for recycling at up to two (2) TOWN facilities, designated by TOWN. This shall involve a minimum of one debris box at each site, to be emptied as often as necessary. COMPANY shall take whatever steps are necessary, including but not limited to, having personnel attend each site to ensure that only yard wastes are deposited in each debris box and that the sites are maintained in a neat, litter-free condi- tion. COMPANY will empty the debris boxes up to an average of four (4) times each week at no cost to the TOWN. If additional haulings are necessary, COMPANY shall bill the TOWN quarterly for only the actual cost of such haulings. "Actual cost" is defined as the rate specified in Exhibit A less the 7 percent profit margin. - 3 - • • 3 . Paragraph 23 Amended. Paragraph 23 of the Agreement is hereby amended by adding the following language thereto: COMPANY shall not highlight, itemize, or otherwise break out individual cost elements in its bills, adver- tising, or other vebal and written communications with customers, without the written approval of the City Manager. 4. Paragraph 25. 1(b) Amended. Paragraph 25.1(b) of the Agreement is hereby amended to read: (b) The actual disposal costs charged by the Newby Island landfill for all solid waste (other than in debris boxes) collected from customers within the unincorporated area of Santa Clara County adjacent to and within the Sphere of Influence of the TOWN (the "Unincorporated Area") . 5. Paragraph 25.1(c) Amended. Paragraph 25.1(c) of the Agreement is hereby amended to read: (c) An amount equal to Twenty One Dollars and Forty Six Cents ($21.46) for each ton of solid waste matter collected from debris boxes both within the TOWN and the Unincorporated Area and disposed of by COMPANY at the Zanker Road Resource Recovery Facility. 6. Rate Schedule Amended. The schedule of approved service rates to be charged by COMPANY for services performed under the Agreement is hereby amended as set forth in Exhibit A entitled "Rate Schedule, " attached hereto and incorporated herein by reference, and to be effective as of July 1, 1990. 7. No Other Changes. No other changes are made in the Agreement, as amended, except as set forth herein and the Agree- ment, as amended, is hereby ratified and confirmed. - 4 - • • IN WITNESS WHEREOF, the parties hereto have caused this Seventh Addendum to Agreement to be executed: By COMPANY this day of A,/0),,,,4 ,/ , 1990; and By TOWN this a7 day of AA/W,,,06446.. , 1990. TOWN OF LOS ALTOS HILLS, a municipal corporation By: lAYAQQ. 244.:are•P MAYOR ATTEST: 4110_ CITY CLERK LOS ALTOS GARBAGE COMPANY, a California corporation By: 0 /4// /i ,,r..-. Presidents By: // `�"6 (' -1c..) Secretary PB\MAS\1494900T - 5 - . • •• • .PROPOSED;MONTHLY TOTAL RATES, FOR OH REFUSE AND RECYCLING, WITH UNIVERSAL RECYCLING SERVICE Distance Can Is from Monthly Rate Public Street No 1 Can 2 Cans • 3 Cans 4 Cans .. . (in feet) • Garbage Weekly Weekly. Weekly Weekly Road to 100 $7.95 $15.40 $20.48 $25.70 $31.06 100 to 200 8.65 17.50 24.13 • 30.95 37.96 • 200 to 300 9.35 19.60 26.33 33.25 40.36 • 300 to 400 10.05 21.70 . 28.53 35.55 42.76 400 to 500 10.75 23.80 30.73 • 37.85 - 45.16 500 to 600 11.45 .. 25.90 32.93 . 40.15 47.56 . • . 600..to 700 12.15 .. 28.00 35.13 . 42.45 49.96 . 700 to 800 12.85 .. 30.10 37.33. 44.75 " 52.36 • . 800. to 900 13.55.• • 32.20 39.53. 47.05 54.76 5/16/90