HomeMy WebLinkAboutContracts & Agreements_1-1933 Contract for Disposal
of Garbage and Rubbish
City of Redlands,
with
H
Vaughn -5x'-6 Alchian
r
Dated November _,1933
.V
SM,
1 This Agreement, made a-rid entered into this day of
2 November, 1135, by and between the City of hedi nds, a
3 municipal corporation of the sixth classy party of the first party �
4 i-nd Veughn L, Alchian, of San Dernaydino, California j party of
5 the second part, 11TASSS MI
6 First= that the City of Fedlandsp as party of the first
7 parte does hereby designate and appoint party of the second part
8 City Garbage and Rubbish Collector, for five: period. of f..v„ y ars
9 from and after the first day of January, 1934, with all o the
10 powers, duties* responsibilities and privileges to the second
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party as defined by ordinance either- noir effective or that may
12 hereafter become ef.fec Give, of the said City of Redlands, per-
13 taini.ng to garbage and rubbish collection and disposal.
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Second: Second party agrees for said tern of five years;
15 from the first day of ?'a_,uary, 1934, .,o collectp s�'ay
T � �n� npnr+,r a
16 and dispose of all bnZ o h
t faru�.�,e and hous„rxvld ru ;.,ish accumulated
17 � > riv s er a •a e r
and cwll:�.� �..d ��t p� _f.. t� � s.iu .,nc. _s., i�ot„ls, apartment houses,
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boarding houses,, s toresp markets,, schools al.1ci other pjL. c,33 in
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Cie City of Fedlandsp including therein public buildings as well
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as private buildings) upon there being paid to second party the
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zz
chargea .for such services as heiei n provided ororsuch reasonable charn
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a.5 r��a be onteblished by the City Council. Of the City of Redlands.
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24 Provided such charges for single family residences shall not be less
than fo ty-fi.ve cents (S.45) per month.
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26 Third: In under that We City of Redlands =1 be kept and
27 :: alnta l ned in a clean , zani Lary and healthful canaition, secar.d
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Arcy agrees to call for and c;oilect garbage and household rubbish
�
29 from all A%le fumily rKidencus rithi,n said City of hedlrynds
30 tvice weekly at the Mt€r of forty-five cents (545) per month for
etch slide fewily residence from thick such collocti.ons ore
31 made, vithin the closely built residence areas of the said
City of Redlands. Me rate which second p«rty may charge for
32 such collections of garbage and household rubbish from residences
in the more isolated areas of said city may be at a higher rate
1 than that for -such collections in the closely built up areas$
but that the rate for collections from such isolated and widely
3 separated residences may be determined. by the City Council of
4 dle City of Redlands, and first party does hereby agree with
5 second party that through Its City Council the rate or rates for
6 collections from such isolated a-nd vid.ely separated residences
7 will be determined and fixed. Second party shall, have the
8 privilege from time to time of submitting to said City Council.
9 a list of the residences and location thereof at which he
lc desires to charge the higher rate, and the said City Council$
1'- on behalf of the City of Redlands, agrees to consider such
12 lasts and to fix the rate for garbage and household rubbish
13collections for it within a. reasonable time after submission
14 said lists, and said City Council will endeavor to fix and
15determine a rate for such collections thick i5 fair and reason--
16 able both to the householder and to the Garbage Collector.
17 The words "household rubbish" as used in this agreement,
18 a discarded clothing or hUusehold.
are defined as meaning rags,
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materials$ boots, shoes, hats, pasteboard and pasteboa :d<.
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cartons, papers, v5oodenware, tinware, cans, bottles$ glassy
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cinders, ashes and all other materials used in residences or
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buildings and discarded by the occupants thereof, as well as
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1 lawn clippings from single family residences where the lot size
24 does not exceed 60 feet by 175 feet, but such term shall. not
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i.zclude grass, tree and shrubbery trimmings and prunings an
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other materials that may be accumulated in -the care axe. n
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tenance of yards and grounds surrounding buildings, nor shall
2s
it include c-ement or cement blocks, sand, gravel, bricks or
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brickbats nor lawn clippings from lots exceeding in size 60 fee
3 )
by 175 feet.
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i Fourth: Second party further covenants and agrees to call
3 ),
!� at and collect garbage from restaurants, cafes, hotels, public
12.
_` s
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I dining halls, cafeterias and other public eating houses�7�3 °:��..and the -
2
he _
2 dining halls at the University of Redlands, dining rooms and/or
3 cafeterias at the Righ School., Junior_ High and Elementary Schools
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in the City of Redlands, at least once daily, Sundays and holidays
5 excepted, without charge. Second r)art;y further covenants and
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6 agrees to call at and collect garbage from rather ,pleces of business
7 such as fruit stands, stores, markets, etc., at least once daily,
8 Sundays and holidays eycepted. Second party covenants and agrees
9 that in making the collections last above mentioned he will not
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claia vegetable trimmings,lettuce end lettuce Leaves,,eeler.y,
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1 cabbage and cabbage heaves unsuitable for human consumption which
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the market owners are able to sell for chicken and rabbit feed,pro
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14 vided that such vegetable trimmings and other vegetables thich the
15 ovner thereof desires to sell to chicken and rabbit raisers must be
kept separate from spoiled and. decayed fruits*vegetables and other
16 produce.
17 Second party further covenants and agrees that he vill haul
18 away from and dispose of rubbish from the City Hall, of the City of
19 Redlands and from Sylvan Park,at least once weekly throughout the
20 ear without charge e to the
Y a g City of Redlands,and. that he will. collect. :
21 transport away from and dispose of
P ,garbage and accumulations of
22 waste paper,leavings from lunches and picnics from the said Sylv�?n
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Park,daily throughout the summer season and when the park is in use
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as a picnic ground, also without charge.
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26 Fifth: Second party further covenants and agrees that he
27 .ill collect, transport away .from and dispose of, rubbish, waste
28 utter, accumulations of tree and shrubbery trimmings.. lawn
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29 :lippings, brush, tr9es and similar materials that are to be
30disposed of from any residence, place of business, hotel. or
31 ogler place within said City of Redlands at a reasonable rate,
32 under contract with the property owner.
It is covenanted rnd agreed by and betyeen the parties to
S.
I this agreement that if dissatisfaction as to the rate charged
2 by second pa-rty for any service rendered other than the collectio
3 of garbage and household rubbish from single family residences,
4 is DreGented in writing by such dissatisfied customer to the
5 City Council of the City of Redlands, that the rate for such
6 service may, after a full and fair hearing at Chien second party
7 in person and by attorney may be. prasent, be fixed and determined
� S- 8 by the City Council. The rate to be fixed by the City Council
9 shall be fair to the customer and shall be at such rate that
10 Second )arty may make a reasonable profit on the service
11 rendered, - -
12 Sixth: Second srt covenants and agrees that a
p Y g 11 such
13 garbage collectedam' transported as aforesaid. shall be con-
14 veyed on trucks with steal or :petal bodies so constructed as to
15 I prevent any leakage or droppings of the contents thereof upon �
1s
the streets of said City and that the loads will be covered with
17 canvas so as to conceal the cements from public view and to
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prevent, so far as possible, escape of odors therefrom.
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Second party further covenants and agrees that such collect-
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tion and disposal of garbage, rubbish and waste ratter will be
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made in the manner. and as required by ordinance of said. City of
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Redlands either now existing or that may hereafter be adopted
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Seventh: It is further understood and agreed between the
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parties hereto that first party, the City of Redlands, shall. not
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be liable to second party for any service performed hereunder,
2k:
but that all payments for such services shall be owed to and 11.1
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collected •by second peaty from the persons to whom such services
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..
are rendered.
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Eighth: The City, of Redlands, first party herein, hereby
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gives and grants tQ second party the exclusive right and
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privilege to handle, collect and dispose of garbage vithin the
3F
City of Redlands during 'the life of this agreement, subject
4.
PO '.P]719 LZZO GTc3:. 'r' (j }
1
2 nevertheless to the rifts reserved to said City in its
3 ordinances. Forst party further covenant; and agrees that it
4 vAll use its best erxdreavor to rewire all persons disposing of
g garbage to employ second party to perform such service, but it
g is understood and agreed, that the first party shall not be
7 liable to second party by reason of any other person handling
a or collecting garbage during the life of this contract.
9 Ninth: Second party covenants and agrees math first party
10 to give arid perf,)rw satisfactory service to all .Persons request--
11 ing t le ,;t.rae from him, upon the payment of his charges therefor,
12 For failure of second pant to
Y give such satisfactory service,
13 if general viritt:en complaint as to his service in any Particular
14 is made, and such fault is not remedied after reasonable notice
15 given to second party by the City Council of the City of
1e Pedlands., then the City Council of the City of Redlands, of ter
17 a full and fair hearing on said matter, at which second par p
18 and his counsel may be present, may cancel this agreement and
19 second party* s rights hereunder shall then be terminated and
20 ended, reserving to second party however the right to collect
21 outstanding and unpaid bills. The Rritten complaint of second
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party t s service so presented to said City Council must contain
23 and est forth the particulars in which second party has or is
24 failing to '
give satisfactory service and shall contain more than
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a general statement of dissatisfaction.
26 2entn: It is farther covenanted and agreed that tris
27 contract shall not be assignable or transferable without the i
28 conW on t of th e.
City Council of the City, of Redlands first having
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been had ir, writing.
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Eleventh: First party Promises and agrees to furnish
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32 second party with free desk space for an office or place of
business in the City Hall of the City of ReOlands.
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2 Twelfth: It is further provided that if firstart
P y is not
3 satisfied i,�ith the manner in which said second party is
4 handling: collecting and disposing of the said garbage or that
5 second party is failing., neglecting or refusing to collect
6 and dispose of rubbish after his charges for such service
7 have been Paid, or if second party is viclating any of the
8 provisions of the ordinances of the City of Redlands now or
9 hereafter adopted relating to the haaidlings collection and
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10 disposal of garbage and. accumulated household waste matters
11 then first party may at its options serve a tritten notice upon
12 second. party specifying the particulars in which said first party
13 is dissatlsfi.ed with second partyb services and setting forth
14 the particulars in vvhich he is violating any ordinance or
15 faili=ng to give satisfactory servicss and unless said second
16 party shall wi thint.,m
n days thereafter flatly comply- pith and
; 17
thereafter continue to comply with the requirements of such
18 notice, said first party may without further notice terminate
19 this agreement a-qd. thereupon second party shall thereafter
20 have no rights whatsoever under this contract.
21 Thirteenth: Second party further covenants and agrees
22 that he Yill furnish to first
,party and maintain throughout the
23 life of this contract,, a surety bong. in the sum of $1000.00.,
24 conditioned for the faithful performance of this contracts
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26 such bond to be executed by a surety company satisfactory and
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27 acceptable 'to the City Council of the City of Redlands and such
28 bond and the 'payment thereunder to be forfeited to first party
29 upon the failure of second party to fait-hfully comply with all
30 Of' the terms and col"ditions of this contract;.
31 It is further provided that &11 garbage collected hereunder
32 by second party shall be transported to a point without the
1
City of Redlands and disposed of by second party in such manner
as he may see fit.
6.
1.
I It is stipulated and agreed between the )artyas hereto tha
2 no collections of garbage under this contract are to be made at
3 the front or street side of the property from v:hich collections
4 are being ;.rade and that wherever the alleys at the rear of the
5 properties Lire useable, such garbage collections will be made at
6 the rear lot line# and in all cases where there are no alleys
7 or alleys are unuseable, the garbage collections will be {rade at
8 the beta door or at such location near the rear of the house as
9 the householder may select as the place for maintenance of his
10 garbage receptacle.
11 Second party further covenants and agrees that all household
12 and other rubbish, waste Natter and materials other than garbage
13 by him collected will be transported to and deposited on the
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grounds of the city dump and rubbish grounds and that second part
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claims no interest whatsoever in any of said rubbish, waste matter
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and materials after such is once dumped at the city rubbish
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groundslexcept as otherwise provided by contract, between the partiws
18 hereto.
Second party further covenants and agrees that he will
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pToc re and maintain at all times throughout the life of this
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contract adequate public liability and property damage insurance
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on all vwhicles used in the collection and transportation of
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garbage and rubbish, also that lie will procure and maintain,
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throughout the life of this contract, adequate compensation
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insurance to protect employees in the event of their injury in
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the course of employment.
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Second party further covenants snd agrees that all of his
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empioyeas in operating the garbage and rubbish collection
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business shall be American citizens and citizens of the Cit; of
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30 Redlands, with the exception that for a period of time not
31 exceeding R= months immediately following the effective
date of this agreemsit, lie may employ in said work and business
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7.
_ W
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I and in the operation of the rubbish damp, corit-ruct the
2 operation of which by second party herein is executed by the
3 City of Redlands concurrently her wi not to exceed tr;o
4 employees not residents of the City of Redlands as instructors
5 or teachers of his force of employees tnd with the further
6 exception. chat at all times during the operation of this contr .c
7 «nd the said rubbish dump contract, the second party may employ
8 and use a -orema.n or superintendent Who need not be a resident 'F"
9 of the City of Redlands.
10 In Witness Unereof these presents have been executed by
11 the Mayor and City Clerk of the City of Redlands thereunto duly
12 authorized and by second party the day and date first herein
13 written.
14 City of Redlands,, a municipal corporation
15 By
16 Mayor
17 Attests
7.8 Ci ty--; erk
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