04/12/1920 Board of Public Works Special Meeting Minutes

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Board met in special session at absent. Maysp F. R. Carson.and City Attorney T Street Commissioner, 30 P.M. Mr. John P. De Haven W. Slick,prese�t, also D. C. Laytemt Attorney t.`-S. Hammerschmidt witJoseph Hall appeared before the Board `and' submitted propu's it ion of collection of 'garbage. The following garbage contract f r disposal was approved by the Board. C ON T R A C T. This agreement, made this 12th. clay of April 1920, by and between Harry Conley of the City of Kalamazoo, Michigan (hereinafter ter referred to as " Contractor"), and the City of South Bend in thk County of St. Joseph and State of Indiana, by and through its Board of Public Work (hereinafter referred to as the " City') under and by virtue of Section No. 8655 Clause No. 13 of Burns' Revised Statuttes of 1914 and all acts amendatory and su plemental thereto, W ITNESSETH: That the contractor covenants and agrees with the City to remove from the location of the City Crematory in the City of South Bend, or such other station or stations as may hereafter be agreed upon by and between the parties, all g,a,rbage and small dead animals all according to 1he terms and conditions of the spec if icat io no now on film in the office of the Board of Public Works of said City which spec if icat ions area made a_iepart of this con- Praot as fully and effectually as if copied herein at f"611 length, &M the c cn traotor agrees to pay the City at the end of each month the sur, of fifty ($.50) per net ton of 2000 pounds if household garbage only is collected and fifty seven and one half $.5* cents per ton is garbage from hotels, stores, resturants, commission houses et ., is included. Contractor at present wo weigh ill g �rbage at City Scales, Board of Public Works reserves the right to weigh aity�Sc llgeting wagons and private wagons before dumping at stations if deemed advisable, In either case however., weight rote:* to be in triplicate as per specifications. And said contractor agrees to do and perform all said work and to buy said garbage arxi small dead animals from said City and to pay said price therefor from and during the term extending from May 15th. 1920 to May 15th. ,1923. The Contractor further agrees that in the: prosecution of said work he will exercise due and proper skill and care, and will use all proper precaution to prevent injury to any persons.or property; and that in the event of any injury or damage resulting from the work or resulting f em any matter or thing transacted therewith or arising therefrom, to anypersons or property, hewill agree to liquidaa -the same at his own expense and assume the 1 iab i ity therefor; and in event of any claim or claims being made or sty action being b ought aga ins t the City by reason of or on account of or growing. out of said work, the said contractor will at his own expense defend the same, and will pay any ju gements recovered thereon., and will in all respects fully indemnify the City, its officers and agents, from all cast, expense , payment or judgement recovered in connection with any such claim or action. And if within 10 days after any action is begun against the City it shall notify the contractor of the pendency thereof, then any judgement rendered against the: City shal be conclusive against the contractor and against the surety on this bond. And the Contractor agrees to pay for all labor used and employed by him in carrying out and performing the terms of this contract, and he further agrees not to assign or sublet this contract wit -bout the written consent of the Board of .Public Works first `.had and obtained. And the Contractor agrees to do all of said work in a sanitary manner and in accordance with the ordinances of the City relating to the public health and safety and the laws of the State of Indiana. And he further agrees that said garbage and small dead animals shall at all times be removed in accordance to tit the instructions of the Board of Public Works , an that .he and his agents will at all -times obey and. -comply with the orders and instruc ions of said Board and its author- ized agents.