06/07/1919 Board of Public Works Special Meeting Minutes

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"7:R 7 z Board meet in special session a t 10:30 A. M. Mr. G. A. Elliott absent The following gnrbi gc contract vras awarded to Henry First at price bdd May 27th.,1919 at 10:00 A.M. and the contttot approved by the Board and referred to the Common C ounc it for, rat if icat ion. CONTRACT. ' This agreement made this 7t,h. day of June 1919, by and between Henry C. First, ,here inafter called Contractor, and .the City of, South Bend, Indlanam ftheAaafter called City witnesaatb: That said contractor covenants and agrees with said City to remove from the location of the City crematory in the City of South Bend, orfrom from such other place or -places as may hereafter be designated by the Board of Pudic Works, all garbage and small dead_animals according to the terms and conditions of the general and detailed spec if ca.t iens and general c and it ions which spec if icat ions and general cond it ions are now on file in the office of the Board of Public Works and which general; and detailed specifications are hereby made a part of this contract eta fully and effectually as though copied herein in full; and said c entracter agrees to pay to said City, -at the end of each month the sum of sixty two (621 cents per net tin for 2,000 pounds for -all of said garbage and,fdead animals. it is further agreed that said garbage shall be weighed by the eantrac- ter upon scales to be' designated by said City; and said contractor agrees to do and per- form said workand buy said garbage and small dead animals from said City and to pay the price as above provided therefore from July 1st., 19190 until July lot., 1920 and he further agheos that in= the prosecution of said work he will exercise duo and pro- per skill, careand . caution, and will use all proper precaution to -prevent Injury to any -person or property; and that in the event of any, injury or damage resulting from the work or anything connected therewith: er. aris.ing therefoom to any person or property that he will assume all liability theref a e, and - in the event of any claim or claims being made or any action being brought against said City by reason or as account of or `gr owing out of said work he will, at his own expense defend the same and will pay any judgements rendered thereon, and will in all respects indemnify asiid City, its officers and agents from all coats or expenses in connections with the payment of such judgement so recovered coveredand in connection with any claims so made. And if within ten days after any action is began against said City it shall notify said con- tractor of the pendency thereof then any judgement rendered against said City shall against the contractor and against the surety on said Contractor's Bond. Said contractor iiurther agrees to pay fore all labor used and employed by him in -the performance of this contract and to do all said work in a sanitary manner and in accordance with the ordinances of the City of South Bend relating to the public health and ;safoty and in accordance with the laws of the State of Indiana,'And said contractor further agrees that said garbage and small dead animals shall at all times be removed acc ord ing to thg instructions of the Board of Public Works and that he and his agents and servants will at all times eboy and comply with the orders and instructions of said Board of Public Parks and its authorized agents. It is understood and agreed that the word garbage as used in this contract shall include every refuse accumulation of waste fish, flesh, fowl, fruit and vegetables matter resulting from the preparation or use in eeok`ing, dealing in or storing of fish,flesh., fowl, fruit and vegetable matter. and it is further understood and agreed that all garbage and small dead animals collected by the City during the life. of this ce_mtract sha.11.be delivered under this contract to said aentraeter but it is agreed and understood that the City s all not be compelled to collect all or any percentage of an of the garbage in the City of . South Bend but that the extent of the territory covered by said City and the manner of collecting said garbage by said city shall be determined by the Board of `Public Works of the said City, it being the intention of both parties hereto that all garbage collected by said City during the life of this contract shall be delivered to said contractor and it is hereby docl.ared .to be the, intention of said City to collect as much. of the garbage in said City as it is practicable to do_. and to--tura_ ever to asid contractor all garbage so collected..