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4 <br />REGULAR MEETING <br />APRIL 27TH. 1953 <br />876 <br />1. That the contract and /or amendment thereto, as hereinbefore referred to, be and the same is hereby <br />amended and modified in this, to-wit: That the CONTRACTOR agrees to continue its operation to include the first <br />seven months of 1953, January to July inclusive, and that the schedule of payments as found in the Contract and <br />or the Amendment be amended to provide from the Appropriation already existing an additional sum of Three Thousand <br />Dollars ($3,000.00) for each of said seven months, and CITY shall pay to CONTRACTOR, in addition to the regular <br />semi - monthly installment first payable after the date of this amending agreement, the sum of Thirteen Thousand <br />Five Hundred Dollars, ($13,500.00), and thereafter shall pay, on the successive dates of the semi - monthly install. <br />*eats due and in addition to amounts now provided for, the sum of Fifteen Hundred Dollars ($1500.00), the total <br />then being Sixteen Thousand Eight Hundred Twelve Dollars and Fifty Cents, ($16,812.50) for the first semi - monthly <br />installment after this agreement date, and Four Thousand Eight Hundred Twelve Dollars and Fifty Cents ($4812.50) <br />for each successive semi - monthly installment. <br />2. In the event the CITY terminates said Contract, as provided for herein, on August 1, 1953, it is <br />acknowledged that it is to the advantage of the CITY that the CONTRACTOR maintain, and the CONTRACTOR agrees to <br />maintain, a skeleton force for a period of one month from August 1 to assist the CITY in the change -over period, <br />and the CITY shall pay only the sum of Three Thousand Dollars, ($3,000.00) for said service rendered by the <br />CONTRACTOR. <br />3. In the event the CITY does not terminate the contract, as provided for herein, it is agreed CITY <br />will not require said services as provided for in Paragraph 2 herein and CONTRACTOR will not be paid for said <br />services, but in that event, CONTRACTOR will continue its operation during August, receiving therefore two <br />semi - monthly installments in the amount of Four Thousand Eight Hundred Twelve Dollars ($4812.50) and Fifty Cents <br />each and CONTRACTOR agrees to continue its operation, unless terminated as provided for herein, the remaining <br />months`of the year, receiving as semi - monthly installments the amounts as provided for herein for the month of <br />August. <br />4. In consideration of all payments, as provided for herein, the CONTRACTOR agrees, upon termination <br />by the CITY, to submit its books and records for audit to the City Controller. If said audit reflects a profit <br />on the CONTRACTOR'S operation as set -out herein for the calendar year of 1953, or any part thereof upon earlier <br />termination, said profit being over and above the expenses set out in an estimated profit and loss statement <br />marked Exhibit A. attached and made a part hereto, then said profit shall revert to the City Appropriation Fund <br />from which it was paid. The parties hereto recognize said statement attached as an approximation and not an <br />exact distribution of the expenses of the CONTRACTOR. <br />5. Further in consideration of payments as hereinabove provided it is agreed that the CITY shall at <br />all times hereafter have and retain the option and privilege of terminating said contract of November 7, 1949, <br />together with all amendments thereto in the event that the CITY, as anticipated, shall determine to undertake <br />a municipally operated garbage removal program provided that the CITY shall give the CONTRACTOR at least fifteen <br />(15) days notice in writing stating its intention to terminate and fixing the date of said termination, said <br />notice to be delivered either in person or by registered mail to the CONTRACTOR'S Corporation President at his <br />last know address= Further provided that CITY agrees not to terminate prior to August 1, 1953. <br />6, This said supplemental agreement shall not become effective until ratified and approved by the <br />Common Council of the CITY. <br />IN WITNESS'WHEREOF the parties have hereunto set their hands and seals the day and year first above written. <br />CITY OF SOUTH BEND <br />BY I.A. Hurwich <br />R. S. Andrysiak <br />G. P. Ziegler <br />Board of Public vvorks and Safety <br />DEPENDABLE DISPOSAL COMPANY, INC. <br />BY Frank V. Woodward <br />President <br />Councilman Hahn made a motion for the approval of the Agreement. Councilman Niezgodski seconded the motion. <br />Motion carried by a roll call vote of 8 ayes - 0 nays - 1 absent (Councilman Muszynski). <br />NEW BUSINESS` <br />Rev. B. L. White, Pastor of St. Joseph Baptist Church, 1610 Liston St., and Mrs. A. M. Schulman, appeared before <br />the Council and made an appeal for public housing aid for low income Negro families. <br />There being no further business before the Council, Councilman Niezgodski made a motion to adjourn, which motion <br />was seconded by Councilman Glass. Motion carried, and Council adjourned at-9:50 P.M. <br />ATTEST: <br />/ �& � - -, L ez: <br />CLER <br />APPROVED: <br />PRESIDENT <br />