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Contract - ORCO - 1972-06-20 • F I R S T A D D E N D U M THIS AGREEMENT made and entered into this 20th day of June, 1972 by and between the Costa Mesa Sanitary District of Orange County, California, hereinafter called "DISTRICT," and Orco Disposal Service, Inc. , a Corporation, hereinafter called "CONTRACTOR." W I T N E S S E T H T H A T WHEREAS, on or about March 1 , 1972 the parties hereto entered into a Revised Agreement for the collection of garbage and rubbish within the boundaries of the Costa Mesa Sanitary • District; and WHEREAS, said Agreement in paragraph VIII for no collection on certain holidays; and WHEREAS, the parties hereto desire to add certain holidays to paragraph VIII ; and WHEREAS the parties hereto desire to set forth their rights and liabilities in connection herewith NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows I It is understood and agreed by and between the parties hereto that paragraph VIII entitled "Holidays" of that certain • agreement between the parties , dated March 1 , 1972 for the collection of garbage and rubbish within the boundaries of the Costa Mesa Sanitary District shall be amended as hereinafter appears II It is understood and agreed by and between the parties hereto, that the contract heretofore described shall be amended by adding July 4, Independence Day; Labor Day (first Monday in September) and Memorial Day (fourth Monday in May) as holidays and as days in which the Contractor shall not be required to collect garbage and rubbish, pursuant to the aforementioned contract III It is further understood and agreed by and between the parties hereto, that except as herein set forth as an Addendum modification and amendment, the Agreement of March 1 , 1972 in its full particulars continues in full force and effect between the parties • DATED on the day and year first above written COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY, CALIFORNIA By Ellis Porter President ATTEST DISTRICT By Kerm W. Rima Secretary ORCO DISPOSAL SERVICE, INC. , A CORPORATION By John W. Lindley President ATTEST CONTRACTOR By Evelyn R. Lindley • Secretary • R E V I S E D A G R E E M E N T THIS AGREEMENT made and entered into this 1st day of March 1972 by and between the Costa Mesa Sanitary District of Orange County California hereinafter referred to as DISTRICT" and Orco Disposal Service Inc a corporation , hereinafter called CONTRACTOR W I T N E S S E T H T H A T WHEREAS the parties hereto did on the 22nd day of July 1958 enter into a written agreement wherein Con- • tractor agreed to furnish all labor material and equipment necessary for the collection of garbage and rubbish within the boundaries of the Costa Mesa Sanitary District , and District in consideration thereof agreed to pay the amount set forth therein plus increases as from time to time where authorized by the Board and which said agreement was for a term of three ( 3) years ending September 30 1961 and WHEREAS the District and Contractor have from time to time extended said agreement until the termination date is now established at March 31 1975 and WHEREAS the parties hereto desire to revise said agreement and to modify certain terms thereof and to set forth their respective rights and liabilities • • NOW THEREFORE for and in consideration of the terms herein contained performed and to be performed the parties hereto agree as follows I GENERAL PROVISIONS Contractor agrees to furnish all the labor material and equipment necessary for the collection of all garbage and rubbish as hereinafter defined within the boundaries of the Costa Mesa Sanitary District of Orange County California , as said boundaries now exist or may hereafter exist and the disposal of such garbage and rubbish at a legal dumping place In consideration for the aforesaid things to be done by Contractor District agrees to pay to Contractor the consideration hereinafter set forth II TERMS The term of this contract shall be from the date hereof to March 31 1975 III PAYMENT TO CONTRACTOR BY DISTRICT As compensation for the performance by Contractor of the work described in this agreement District shall pay • ( 2 ) • to Contractor each calendar month during the term of this agreement the sum of one dollar and fifty-eight and three tenths cents ( $1 583 ) multiplied by the total number of occupancies as the term occupancies is hereinafter defined Each monthly payment shall be made on or before the 15th day of the month immediately following the month for which service was rendered IV DEFINITIONS a Definition of Rubbish The word rubbish shall include all refuse of any kind or nature except garbage swill manure or sewage waste • b Definition of Garbage The word garbage shall include table refuse , offal swill and every accumulation of animal vegetable and other matter that attends preparation consumption decay dealing in or storage of meats fish fowls fruits and vegetables or other food and shall include all animal and vegetable re- fuse from kitchens and all household waste from or intended for use as food and all vegetable trimmings from market or stores The following are specifically not included in the term "garbage " Organic residues resulting from com- mercial canning or processing of food products dead ani - mals manure sewage waste waste water paper and other combustible materials ( other than such wrapping for garbage • ( 3 ) • as may be required by the City) crockery glass cans and other metallic objects ashes and sweeping c Definition of Occupancy An occupancy is determined to be as follows 1 A single living unit per Assessor ' s Parcel - one occupancy 2 Multiple living units per Assessor ' s Parcel - first living unit one occupancy - each additional living unit one-half occupancy 3 Mobile home lots per Assessor 's Parcel - one-third occupancy per trailer lot d Occupancy Exemptions Assessor s Parcels meeting the following criteria • are exempt 1 Property of governmental agencies or other tax exempt property 2 Property both within the District and within the City of Newport Beach 3 Multiple residential properties including mobile home parks contracting for or using private ser- vices and having qualified for district exemption 4 Undeveloped parcels until one or more living units are constructed thereon 5 Parcels incapable of generating rubbish and garbage as defined herein • (4 ) • 6 Parcels with improvements requiring a type of service unavailable from contractor 7 Those parcels which have applied for and been granted exemptions by the District in accordance with District rules and regulations e Initial Occupancy Calculation The occupancy for which Contractor will be com- pensated shall be determined from the special assessment roll for the fiscal year of July 1 1971 to June 30 1972 as the same is maintained on file in the office of the Director of Finance for the District Contractor s compensation will be readjusted annually based upon the special assessment roll for suc- • ceeding years following the one heretofore mentioned The monthly compensation thus established shall be maintained for the entire fiscal year subject to the adjustments as are hereinafter set forth The occupancy count may be increased or decreased monthly and it is understood and agreed by and between the parties hereto that said increase will be determined by any occupancy permits and demolition permits issued by the Building Department for the City of Costa Mesa The occu- pancy count may also be increased wherever Contractor is able to determine to the satisfaction of the District that any parcel coming within the exemptions as heretofore , set • ( 5 ) • forth is no longer exempt and that he is in fact actively engaged in the weekly collection of trash from said occupancy V FREQUENCY OF COLLECTION a Garbage 1 Commercial Areas Contractor shall collect all garbage in commercial areas daily Monday through Saturday , inclusive A commercial area" is hereby defined as any area located within the Costa Mesa Sanitary District which is now zoned or which may hereafter be zoned for commer- • cial or industrial use by the governmental body having jurisdiction over such area 2 Residential Areas Contractor shall collect all garbage from residential areas once each week A residential area " is defined as any area located within the Costa Mesa Sanitary District zoned for residential or agricultural use by the governmental body having jurisdiction over such area b Rubbish 1 Commercial Areas Contractor shall collect all rubbish from the • (6 ) • commercial areas of the District daily Monday through Saturday inclusive except where either after notice from the District Manager or after request from the Contrac- tor to the District Manager permission has been granted by said District Manager for a lesser number of collections per week 2 Residential Areas Contractor shall collect all rubbish from the residential areas of the District at least once each week and in addition shall provide more frequent service for such commercial occupancies or residences of five ( 5) or more units as may in the opinion of the District Manager require such additional service S VI SCHEDULE OF COLLECTIONS a Initial Schedules Beginning with the date hereof the existing routes schedules and times for the collection of garbage and rubbish shall be maintained and continued by Contractor b Change of Schedules From time to time during the period of this Contract , the Manager of the District may change the existing routes and schedules and time of collection and Contractor shall thereupon maintain such new schedule ( 7) • Contractor may request changes in routes schedules and times for collection of both garbage and rubbish and upon receipt of consent of the Manager of the District and upon one week ' s written notice in advance to the occupants of all occupancies may commence such new schedule The Manager of the District shall have the right at all times during the term of this Contract to require the Contractor to maintain routes schedules and times for collection of garbage and rubbish as required by said Manager All Notices required to be given pursuant to this Contract shall be given by Contractor at his own expense • VII HOURS OF COLLECTION Collection of garbage and rubbish shall not com- mence earlier than 5 00 a m and shall end on or before 9 00 p m The District Manager shall have the right to authorize the Contractor to collect garbage and/or rub- bish at an earlier or later hour than above prescribed in any commercial areas that said Manager finds will not con- stitute a nuisance to the neighborhood • (8) • VIII HOLIDAYS Collection of garbage and rubbish shall not be made on Sunday Contractor shall not be required to collect garbage and rubbish on Christmas Day Thanks- giving Day or new Years Day but shall have the option to so do if in Contractor s judgment said collection is necessary to maintain his schedules IX DISRUPTION OF SCHEDULE a Christmas Day Thanksgiving Day and New Years Day pickup which have been omitted shall be skipped entirely • provided however that the District Manager may require the Contractor to pick up said Holiday schedules within seventy-two ( 72 ) hours after said holiday if in his judg- ment said pick-up is necessary for the health safety and welfare of the persons living within the District b In the event of a disruption of service in any area due to weather an act of God failure of equipment or otherwise Contractor shall made such collection within seventy-two ( 72 ) hours c In no event shall Contractor disturb the remain- ing schedule for garbage and rubbish collection or pick up On the holiday mentioned and in the event of a disruption • (9 ) • of service by reason of an act of God or otherwise the regular schedule shall be maintained and the missing pickup shall be made without disturbing in any way the rest of the regular schedule X CONTRACTOR S EQUIPMENT Contractor shall provide adequate equipment for the collection of garbage and rubbish Each vehicle used for the collection of garbage and rubbish shall have the name of the Contractor plainly visible on the outside of said vehicle for the purpose of identification All equipment used for collection of rubbish shall be enclosed to insure that rubbish is not spilled on streets • and private properties Contractor shall comply with all requirements of the Health Department All equipment used for collection of garbage shall be watertight and shall be covered with suitable waterproof tarpaulins , metal covers or other satisfactory covers No rubbish or garbage shall be permitted to leak fall or be spilled upon City streets or alleys or onto private property Any such leakage or spillage shall be immediately corrected and the area cleaned by Contractor All equipment used by Contractor for the collection of garbage and rubbish pursuant to this Contract shall be ( 10 ) • • subject to inspection by the Manager of the District and any defects in such equipment found to exist shall be imme- diately corrected by Contractor XI CARE OF CONTAINERS All containers including the lids thereof shall be replaced where found in an upright position Containers and lids shall not be left in the street or on a neighbor s lot Containers shall not be thrown from the truck to the pavement or in any way broken , damaged or roughly handled The District reserves the right to withhold com- • pensation under the Contract until any claim for damaged containers has been paid or adjusted with the owners thereof XII LIMITATIONS ON GARBAGE AND RUBBISH COLLECTION Contractor shall not be obligated to collect rubbish in the following cases a Where the rubbish is not placed in an adequate container ( "adequate container shall be any container approved by the Board from time to time as set forth in the rules and regulations established by the Board) b Industrial waste in excess of one ( 1 ) cubic ( 11 ) • • yard per week ( industrial waste shall be defined as the by-product of any manufacturing process in which raw or semi -finished materials are worked in the preparation of a product ) c In excess of two hundred pounds ( 200 lbs ) in commercial areas for any one ( 1 ) pickup d In addition to the foregoing reference is hereby made to the rules and regulations adopted by the District for the collection of rubbish and regulations as the same now exist or may hereafter exist if changed by said District XIII • BOND Contractor shall furnish a Faithful Performance Bond in the sum of Twenty Thousand and No/100 ( $20 000) Dollars for the rubbish and garbage contract It is hereby agreed that in the event of default by Orco Disposal Service Inc District shall have the right in addition to all other rights herein given to keep possession of and use all the equipment of Contractor previously used by Contractor for the pick up of rubbish and garbage within the District This right shall continue for a period of six (6 ) months from the date of said default and District agrees to pay Contractor a fair rental payment for the use • ( 12 ) • of said equipment during any defaulting period said payment to be negotiated by District and Contractor at the time of any default which may occur hereunder XIV PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall be required to maintain in full force and effect during the term of the Contract a public liability policy with $500 000 00 and $1 000 ,000 00 limits and a property damage insurance policy of $50 000 00 limits for the benefit of the third persons who may be injured or damaged as a result of any negligent operations of the Contractor in the performance of his work under this Con- • tract which said policy shall name the District as a party protected thereby Contractor further agrees to keep on file with the District a certificate or certificates of insurance duly executed by the Contractor ' s insurance carrier or carriers which shall serve as evidence of the continued existence of said insurance policies District shall not nor shall any officer or employee thereof be liable or responsible for any accident loss or damage happening or occurring in the doing of the work and Contractor shall indemnify and hold harmless the District and its officers and employees or any and all liability • ( 13 ) • arising therefrom including any attorney ' s fee incurred in the defense of any such action XV WORKMEN ' S COMPENSATION INSURANCE Contractor shall also maintain in full force and effect during the term of this Contract a Workmen s Com- pensation Policy and such other forms of insurance as shall be required by law XVI RULES , LAWS AND REGULATIONS Contractor shall abide by all the rules laws and regulations of the Costa Mesa Sanitary District of • Orange County California the City of Costa Mesa County of Orange State of California , and all other governmental agencies having jurisdiction XVII ALIEN LABOR PROHIBITED Contractor shall not knowingly employ in the performance of the work under said Contract any alien except in cases of extraordinary emergency caused by fire , flood or danger to life or property and said Contractor shall agree to forfeit to District the sum of Ten Dollars ( $10 00 ) for each alien employed by him in the execution of said Contract for each and every calendar day or portion • ( 14) • thereof during which such alien is knowingly employed or caused or allowed to be employed Contractor shall also be bound by and comply with the provisions of Sections 1850 to 1854 inclusive of the Labor Code of the State of California XVIII MANAGEMENT Contractor hereby designates the Manager of the Costa Mesa Sanitary District as its agent for the purpose of receiving complaints and investigating and rectifying failures of service District shall charge to Contractor the sum of Three Dollars ( $3 00 ) for each service call as • hereinafter defined made by the Manager of said District provided , however that the maximum charge for service calls for any one month shall not exceed Three Hundred Forty- Eight Dollars ( $348 00 ) The amount of such service charges for each month shall be deducted from the payment due Contrac- tor by District for the next month Service Call as herein defined shall mean an actual trip made by the District Manager or an employee of the District , to rectify a failure of service on the part of Contractor in garbage and rubbish collection The Contractor shall employ a foreman to be approved by the District to be assigned to the Costa Mesa Sanitary District operation to oversee the work and to • ( 15) • handle complaints arising from the operations pursuant to this Contract Said Foreman shall be assigned full time to the Costa Mesa Sanitary District and his entire expenses shall be paid by Contractor XIX DUMP CHARGE It is understood and agreed by and between the parties hereto that in the event the County of Orange imposes a charge by the day or by the ton or upon each truck or upon each company for the privilege of disposing of trash and rubbish in the County facilities that Con- tractor shall have the right to request a meeting with the • Board of the District for the purpose of negotiating with said Board to determine what share if any of said charge shall be paid by the District The Agreement to negotiate by the District is not to be regarded by Contractor as a commitment on the part of the District to pay any portion of said Dump Charge imposed by the County of Orange and District will be obligated to pay only that portion if any of said Dump Charges that are determined as the result of the negotiations as provided for herein XX DEFAULT Failure on the part of Contractor to comply with • the terms and provisions of the Contract shall be grounds for the District to terminate the Contract In the event ( 16 ) • of breach of Contract or default on the part of Con- tractor District may at its option notify Contractor of its intention to terminate this Contract Said Notice shall be given in writing and mailed to the address of Contract on file with the District or District Manager Said Contract shall thereupon be deemed terminated forty- eight (48) hours from and after the hour said Notice is deposited in the United States Mail In the event of such cancellation Contractor shall remain liable for any damage and loss sustained by District in the collection of the garbage and/or rubbish including all costs incurred by District in the negotiation of a new Contract The waiver of any breach of the terms of this • Contract shall not be deemed a waiver of any recurrence of the same or any other subsequent breach of said Contract XXI ASSIGNMENT AND SUBLETTING PROHIBITED Contractor shall not assign transfer or sub- contract this Contract or any of the work to be performed hereunder or any part thereof without first obtaining the consent of District XXII CANCELLATION OF EXISTING AGREEMENT The agreement hereinabove referred to now in existence dated July 1 1964 together with all addendums • thereto is hereby cancelled effective as of the date of this ( 17) • Agreement Said cancellation shall not affect the rights of contractor to any compensation payable to him under said cancelled contract not yet paid by District nor shall it relieve Contractor of any liability which has accrued and exists and is outstanding as of the date hereof IN WITNESS WHEREOF the parties hereto have hereunto affixed their hand and seal that day and year first above written COSTA MESA SANITARY DISTRICT OF ORANGE COUNTY By Ellis Porter President • ATTEST DISTRICT By Kerm W Rima Secretary ORCO DISPOSAL SERVICE INC A CORPORATION By John W Lindley President ATTEST CONTRACTOR By Evelyn R. Lindley Secretary 4111 ( 18)