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Resolution 02216RESOLUTION NO. 2216 AUTEORILING EXECUTION OF AGREEMENT WITH ALAMEDA SCAVEKNER ASSOCIATION' FOR THE COLLECTION AND REMOVAL OF RETUSE AND GARBAGE. WHE1EA3 it in necessary and in the public interest thnt provision to made for the collection, removal and disposal of refuse and garbage produced in the City of Alambda, BE IT RESOLVEE. BY THE COUNCIL OF THE CITY OF LILTEDA 1}'t sd City contract with the Alameda Scavenger Association, a copartnership, for the colle ction, removal and disposal of said refuse and garbage, for a. period of five years from March 1, 12TdR, and that an agreement be executed between the City of Alameda and the members of Said co- partnership, which agreement shall be in the form and contain the agreements and stipla- tions following, to-wit: 'CONTRACT TIII3 ACREEHEDT, made and entered into this day or December, 19329 by and between the it ot Alameda, a municipal corporation, hereinafter designated the City, and FREITII 01 300 MAIBELLO BERTERO, LODOVICO BERTERC, O. R. PEPATA, NICN TEUATA, METE GENEica, EWA CENLMA, MEDEO GIORDANO, SAXNELE PEIRATE, PIETRO RATIO ,TETRO :BEATA, TOE EERIE, LERMANDO TERATA, TO NI PEEATA, UELTOLOSE0 [BPATE, BARTOLOMEO SAFTTOITO, OTTIRLEC ISOLA, AURELIA D- (0110 and GEORGE H. PERLIA, individually and as conartners doing t:ass under the firm name of Alameda Scavenger Association, hereinahter called tab Contractors, HITDESSETE: That for and in consideration cr thz mutual promises and sgresments herein contained, it is agreed by und between the parties hereto as follows: (1) Por the purpose of this agreement (a) The w) rds. ty Manager" and "Health Cr fficer" shall mean rzspeztively thn City Ma/1szer and the 'Health. Officer of the City of Ala:Leda. (b) The words "refuse" and ,hr' " as used herein shall have the moaning ascribed to eadd terms respectively in subdivisions (a) end (b) of Sectior, . lti-611 of the 11 1010 Municipal. Code. (c) The term "wet garbage" as used herein shall mean all clean garbage suitable as food for bogs, and shall be held to consist or and include only kitchen and table refuse, offal and swill, and every accumulation of animal, vegetable and other m atter that attends the preparation, consumption, decay or dnaling in or storage of meats, fish, fowls, birds, frudts or vegetables in all markets, grocery stores sna in restaurants, cares, cafeterias, hospitals, hotels, boarding houhes, clubs and ether like eating Places, in the City of Alwreda. (11 Ooo term "municipal garbage disposal grounds' shall mean that parcel o, Jr now used for the dunhing and disposal of garbage, bounded on the north by Gan Leandro Lay and on the east by the easterly boundary line of t'. City of Alameda, or any other place or aispenal within the City of Alameda which mny bn designated by the City Council. (2) The City hereby. gives and grants to said Contractors for a period of five years from the 1st day of Manch, 1036, the exclusive contract, right and privilege. to collect and dispose of all refuse and garbage accumulating in the City of Alamndu, ezcett- ing therefrom, however, such rags, used clothing, bedding, mattresses, bottles., old metal, bnxes, newspapers and magazines as are not discarded and offered for removal. (6) In consideration of the rights and privileges herein granted to the Con- trebtors said Contractors agree to pay suid City the sum of ::.1800 cer year, payable In equal monthly irbtallments of in advance on the 1st day of each 0d every month during the term of this contract, the first payment herein to be mzde cn the ist day of March, lAbde. (4) The Contractors shall have power to charge and collect, and hereby agree to accept, as full payment for their services for the collectieh and disposal of all. refuse and sarbago from the owner, occupant, tenant or lessee of nieces cf residence and places of business in the City, upon which refuse or garbage accumulates, compensation at the rates specified in Section 15-6210 of said Alameda Mnnicipal Code. In the event that refuse or gahhage produced in Alameda shall be offered by any person for duping or disposal at the municinal garbage disposal grounds, Contractors shall have the right to receive as compensation for their services l,j receivdng and disposing of same, and RS a prerequisite thereof, the aam cf fifteen cents (lb') for each dumping of an amount of refuse or garbage equal to the amount of an average single pickup at a, private residence. (P) Contractors agree that they will, at all times during the life of this agreament, provide and maintain a sanitary collection service and dispohal system, in- cluding vehicles and equipment, such as may be necessary to systematically and in a sanitary manner collect and dispose of all refuse and garbage in the City cf. Alameda, and Contractors further agree to collect and remove all refuse and gahcage covered by this agreement of the owner, tenant, occupant or lessee of any place of residence or place of business, witnin tho City of Alameda as in this agreement provided and in accordance with the provisions of all 'ordinances of the 010] of Alameda regulating the collection and. 01(0*03. or refuse and garbage. (6) The Contractors agree to collect and remove all refuse and garbage covered by this agreement at regular intervals and at least once a week, and that such collection and removal shall be done betveen to hours of five o'clock a.mm and six o,clock p91. (7) The Contractors agree to use in the callectihn and transportation or refuse and garbage modern rear dump wagons cr rear dump motor trucks having water-tight bodies, and to keep the outside of bodies free from dirt, and to clean the inside thereof of refuse and garbage each time after dumping, and to thoroughly wash out each of said vehicles on the completion of each day's work, Said Contractors agree to keep ell of said wagons and trucks well painted in a uniform color, and to serially number each wagon end truck on each side with conspicuously painted figures not less than throe inches in height, and to paint on each side thereof the words 'Alameda Scavenger Asnociation", the height of the letters to be not less than two and a half inches. () Contractors agree to take all suitable measures to prevent refuse or garbage from felling on the streets of the City, and that no refuse or garbage shall be transferred by Contractors from one vehicle to another on any street unless it shall become necessary when a loaded or partially loaded vehicle is unable to propel itself or to be drawn in its usual manner. (9) Contractors hereby agree to haul the refuse and garbage which they are required to collect under this contract, except such portion thereof which is classed as '"wet garbage" and which is disposed of as provided in paragraph (10) hereof, to the municipal garbage disposal grounds. (IC) Contractors hereby agree to collect and dispose of all "wet garbage" from all restaurants, cafes, cafeterias, hotels, hospitals, boarding houses, clubs and other like eating places in the City of Alameda daily, if necessary'. It is agreed that all or any portion of the "wet garbage" which is produced in the City of Alameda need not be delivered to the said municipal garbage disposal grounds. The Contractor may sell to other persons, or provide for the rsmoval by other persons, or all or any portion of said wet garbage that is not delivered to the municipal garbage disposal grounds; ,provided, however, that it is distinctly understood and agreed that such buyer or such person in so collecting and removing said wet garbage shall be considered as an employee of the Con- tractors, end Contractors hereby agree to be responsible to the City for any violation ol' the terms of this contract by said buyer or other person- (11) Said Contractors further agree to keep and maintain said municipal garbage disposal grounds in a sanitary condition by covering all refuse and garbage with sand, dirt or other material furnished by the City in a manner satisfactory to, and under the supervision of, the Health Officer of seid City, and the City hereby agrees to furnish the said material required for such purpose. Contractors further agree to maintain, at their own expense, a competent person or said municipal garbage disposal groundn every day, except 3und0ys and holidayn, between the hours of eight o'clock a.m- and four o'clock p.m., for the purpose of adjusting the dumping platform and leveling and covering such refuse and garbage, which person shell have the right to make the collection of charges spehified in the last subdivision of paragraph (4) herein. Contractors agree to maintain in good condition and repair that part of the road leading to the municipal garbage disposal grounds which ih used by them exclusively, provided said City furnishes the material necessary therefor, and the City hereby agrees to furnish such materiel whenever the same shall he required. (12) It is further mutually understood and agreed that upon the erection of a garbage reduction, disposal or salvage plant by the City or under the control of the City within the City of cAlameda, that the Contractors will agree to dump garbagn at said reduction, disposal or salvage plant upon receiving written instructions from the City Manager. no further, that the City in consideration of the Contractors agreeing to dispose or dump garbage at said reduction, disposal or salvage plant agrees, upon the construction of said reduction, disposal or salvage plant to construct e receiving chute at said plant to conform with the type of equipment in use by the Contractors. (13) The Contractors agree to comply with all lawful and reasonable rules, regulations and orders made by the City Manager or health Cfficer bursuant to authority conferred by law for tae enforcement of ail laws designed for public health or sanitation, and for the collection and disposal of refuse and garbage, in. the preservation of public health and safety, and Contractors hereby agree to perform all of the work of collection and disposal provided for herein under the supervision and to the satisfoction of the City Manager, (14) Contractors agree that each of their employees shall wear in plain sight is on 1ut s metal badge, stamped with the words "Alameda Cartage Collector" and the serial 'number of the employee, °putt:actors agree tacit each of their employees shall be O citizen of the United States, or at least have legally declared his intention of behomirg a citizen. (10 in the event that Contractors shall fail to makh the monthly payments specified in Paragraph (3) hmreof, at the time specified or within ten. days trermafter, or if Contractors should fail to. kemp and perform any of the covenants and agreemmints herein contained by the Contractors to be kmpt and performed, then the Chty may, at its optdon, terminmte this 1(" 0' and thereupon all. rights of Contremtors shall. cease and terminate. (1) Except as provided in paragraph (1C) heresf, neither this contract nor any right cr interest herein shall be assigned or transferred by the Contractors without the consent of the City Council of Almmeda first had and obtained_ 1 WITNESS WHEREOF, the city ham caused then presents to be executed by its ayor, and attested by its City Clerk, thereunto duly authorized, and the contractors have hereunto set their. hands, the 1 i-r. year first above ymMtten, CITY CT AlilEag, a municipal corpomatiOn, May-or Attest( City clerk: Witness to signatures of Contractors: In1ividuaL1y end as cor(Tirtnerdi-doing twines under the finn Haase of Alameda Scavenger Association. Contractors. RESCLVED =TILES ttet the Mayor of the City of Alameda is hereby authorized and directed to execute, and the City Clerk to attest, on behalf and as the act of said City, the eferaseld agree:asst. 1, tte undersigned, here ty certify tit the foregoing Resolution was dniy and reuiarly introduced and adapted ty the Council of tte 7,1((y of Alameda in re(Eular meeting assembled on the 21st day of December, 1967, by the following vote, to wit: •AYSS: dcuncllmen Carrington, Godfrey, Maurer Morris and President (U), NOES: None, ABSENT: None. IR WITNESS WHEREOF, 1 have hereunto set ny hand and affixed. the official :seai . of said City this 22nd day of December, 1937. D. ELMER DINE (SEAL) City Clerk of the CITT(ErriFigueda I hereby certify that the foregoing is a full, true and correct copy of vResolution No. 2216, AUTHORIZING EXECUTION OF AGREEMENT WITH ALAMEDA SCAVENGER ASSOCIATION FOR THE COLLECTION AND REMOVAL OF REFUGE L33 CARRA3E7, introduced and adopted by the Council on the Elst day of December, 1737. CIff- Clerkioratha-MY of Elnneds.