HomeMy WebLinkAboutReso - CC - 030-1945RESOLUTION NO. 30 - 45
RESOLUTION AUTHO'-JZING THE EXECUTION OF
AN AGREcWENT tiITH THE SAN "TEO COUNTY
SCAVENGER COMPANY, A CORPORATION, for
THE COLLECTION R': JOVAL ANi) DISPOSAL
OF GARBAGE IN THE CITY OF BURLINGAME.
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RESOLVED by the City Council of the City of Burlingamm
that an agreement be entered into with the San Mateo County
Scavenger Company, a Corporation, for the collection, removal,
and disposal of garbage in said City, for a term of five (5)
years commencing July 1, 1945, pursuant to the terms and
conditions set forth in a copy of the said agreement, attached
hereunto and made a part hereof:
BE IT FURTHER RESOLVED that the Mayor of the City,
and he is hereby authorized, for and behalf of the City of
Burlingame, to execute the said agreement, and to approve the
performance bond of the said San Mateo County Scavenger Company,
a Corporation, as provided in the said agreement.
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I, JAS. P. iXAN, CITY CLERK, of the City of Burlingame,
do hereby certify that the foregoing Resolution was introduved
and duly passed at a regular meeting of the City Council of the
City of Burlingame, held on August 20, 1945, by the following
vote:
AYES: COUNCILMEN: Dahl-Harris-Hunt-Roth-dhitsell
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
City Clerk
City of Burlingame
AGREEMENT i ITH TIil SAN UTEO COU14 Y
SCAVENGER COS?ANY, A CORPORATION, FOR
THE COLLECTION, REMOVAL AND DISPOSAL
OF GARBAGE.
This Agreement made this a ' day of July, 1945,
between the City of Burl' ame, a 1,-U ipal Corporation,
the party of the first par, and San Mateo Couny scavenger
Company, a Corporation, the party of the second part;
i4ITNESSETH:
4MBEAS the party of the first part is desirous of
contracting with the party of the secoaa part for the pur-
pose of collecting and removing garbage from the several
and various premises in the City of Burlingame, and the
party of the second part is desirous of entering into an
agreement with the party of the first part to effect such
purpose;
NOVI, TIEMPORE, in consideration of the premises
and of the covenants and agreements herein contained, the
parties hereto agree as follows:
FIRST: The party of the first part hereby contracts
with, grants and gives to the party of the second part, the
sole and exclusive right and privilege to collect, carry,
remove and dispose of all garbage accumulating or which shall
accumulate within the City of Burlingame, for a term of five
(5) years, commencing July 1, 1945 and ending June 30, 1950,
upon such terms and conditions as are herein set forth; the
said party of the first part hereby reserving the right to
cancel this Agreement, if it can be shown that the second party
is not performing its duties under this Agreement in a competent
and efficient manner.
Page 2.
SECOND: As herein used the term "Garbage" shall
be defined and include all animal and vegetable matter and
household waste, refuse, broken bottles, crockery, tin cans,
garden ana lawn cuttings, ashes and all non-combustable
waste matter.
THIRD: For the privilege herein granted the party
of the second part agrees to pay to the party of the first
part the sum of ONE THOUSLID (41,000.) DOLLARS in lawful
money of the United States, on the first day of January and
a like amount on the first day of July of each year during
the term herein specified; the first of such payments to be
I It }0_
made 1, 1944.
FOURTH: The party of the second part hereby agrees
to do and perform all work and acts necessary in the collection,
removal and disposal of garbage in the City of Burlingame, in
a good and satisfactory manner and to do so under the super-
vision and direction of the Superintendaat of Streets of the
City of Burlingame, and as a guarantee thereof the second
party agrees to execute and deliver to the City of Burlingame
a bond in the sum of TWO THOUSAND (4-2,000.) DOLLARS con-
ditioned on faithful and efficient performance of the
requirements of this greement, upon its part to be performed.
FIFTH: The party of the second party hereby agrees
to convey all garbage collected in the City of Burlingame
beyond the corporate limits of the City for disposal;
provided that if any regulation or law prevents the said
party of the second part from disposing of the garbage as it
is now being disposed, the said second party may be relieved
from further performance under this agreement; provided
. �%W
Page 3.
further that if other meams of disposal may be had said
party of the second part shall not be relieved from further
performance under this Agreement, provided that the said
second party is assured of a fair return for its performance.
SIXTH: Said party of the second part agrees not
to assign this Agreement, or any part thereof, without the
written consent of the party of the first part.
SEVENTH: Said party of the second part agrees to
maintain an office where communication may be had with it
by telephone in order to receive instructions and hear
complaints in connection with the service herein provided.
EIGHTH: The said party of the second part agrees
to collect and remove, without cost to the party of the first
part,
all of the refuse and
garbage
at
the
City
Hall, the
Police
Station and the Fire
Station
in
the
City
of Burlingame.
NINTH: Said party of the second part hereby agrees
to provide and maintain, for the purpose of collection and
removal of garbage, modern, rear dump motor trucks having
tight bodies, and to keep the outside of the bodies free from
dirt and to clean the inside thereof of garbage each time
after disposing of the load and particularly to take all
necessary measures to prevent garbage from falling on the streets.
TENTH: The said party of the second part agrees to
keep all of its motor equipment well painted in a uniform
color and to serially number each truck on each side thereof
with figures not less than three inches in height.
ELEVENTH: It is agreed that during the period herein
mentioned, to wit; from July 1, 1945 to June 30, 1950, the
Page 4.
following schedule of rates shall prevail within the City of
Burlingame for the collection and removal of garbage, and in
no case shall a higher rate be collected.
For containers not exceeding 20 gallons, where the
garbage is collected once a week, the charge shall be 600
per month, and where the garbage is collected twice a week
the charge shall be �1.20 per Month;
For containers not exceeding 30 gallons, where the
garbage is collected once a week, the charge shall be 850
per month, and where the garbage is collected twice a week
the charge shall be 41.70 per month;
For containers not exceeding 50 gallons, where the
garbage is collected once a week, the charge shall be 41.45
per month, and where the garbage is collected twice a week
the charge shall be 42.90 per month;
In any case the maximum rate shall not exceed
40.09 for every 10 gallons per pick up.
The rates herein above provided may be increased
by order of the City Council of the City of Burlingame on
application of the party of the second part and upon good
cause therefore shown.
T'W'ELFTH: The party of the second part agrees to
collect and remove all garbage from every residence or place
of business within the City of ourlingame, upon application
of the owner, lessee or tenant of any residence or place of
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Page 5.
business within the said City, and shall collect and remove
such garbage at least once in each week during the term
hereof.
I-,,,T *,,r ITNESS Ni the parties hereto have executed
this Agreement this day of July, 1945.
CITY OF BUELINGAU
yor
City Clerk
a" 1ATEO COITNTY SCAVENGER 0012ANY,
s i EEU—
SecretarV
(7
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, SAN MATEO COUNTY SrPIMTGFR COMPANY, a corporation,
as principal, and
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a6llx- as sureties, are jointly and
severally bound unto the CITY OP BURLINGAME in the penal sum of
TWO THOUSAND DOLLARS ($2,000.00) to be paid to the City of
Burlingame, for which payment, well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 2nd day of July,
1945, and executed and to be performed in the City of Burlingame.
The conditions of this obligation are such that if the
above bounden San Mateo County Scavenger Company, or assigns,
shall well and truly and faithfully and efficiently perform the
covenants, conditions and agreements in a certain contract made or
about to be made between the said San Mateo County Scavenger
Company and the City of Burlingame, entitled "Agreement with the
San Mateo County Scavenger Company, a corporation, for the collec-
tion, removal and disposal of garbage" on its part to be kept and
performed in the manner and form therein specified, which contract
and each and all of the terms and provisions thereof are incor-
porated herein by reference thereto, and which we do acknowledge
that we have read and know and understand;
Then the above obligation to become void, otherwise to
remain in full force and effect.
SAN MATEOO LINTY SCAVENGER COMPANY,
/J�arety .
By
uret
STATE OF CALIFORNIA, j
County of San Mateo.
_yf /�R.9 TA and / / 1116711.E
whose names are subscribed as sureties to the above bond, being
severally duly sworn, each for himself, deposes and says:
That he is worth the sum mentioned therein, to -wit, is
worth the sum of TWO THOUSAND DOLLARS ($2000.00) in fixed property
and real estate situate in the State of California, over and
above his just debts and liabilities, exclusive of property
exempt from execution, and over and above all sums for which he
is already liable or in any manner bound, whether as principal,
endorser or surety, and whether such prior obligations or
liabilities be conditional or absolute, liquidated, certain or
contingent, due or to become due.
re t
ure
Subscribed and s worn to before
me this / day of Cry v c%
Notary Public in and for the County
of San Mateo, atate of California
APPROVED this -Z014 of day t,(,(� 1945.
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�y� Mayor _