Loading...
HomeMy WebLinkAboutContracts & Agreements_5-1928_CCv0001.pdf 1 This Agreement, made and entered into this�� ay of December, a 1928, by and between the City of RedlE-nds, a municipal corporation, party of the first part, and Z. A. Marsh, of the same place, party of the second part, WITNESSETH: First: That the City of Redlands, as party of the first part, j does hereby designate and appoint party of the second part as City Garbage Collector, with all of the powers, duties and privileges to the second party as defined by ordinance of the said City of Redlands. Second: Second party agrees for the tear_ of five years from the first day of January, 10-29, to collect, carry away and dispose of all garbage and household rubbish accumulated and collected at private residences, hotels, apartment houses, boarding houses, stores, markets and other places in the said City of Redlands, public buildings as well as private buildings, upon there being paid to him the charges for such services as herein specified or such charges as may be fixed by the board of trustees of the City of Redlands. in order to accomplish the purpose aforesaid and to keep the sai, City of Redlands in a clean and sanitary condition, second party agrees to call at and collect garbage and household rubbish from all single family residences iii thin the said City of Redlands twice weekly and agrees that the rate to be paid for such collections at the said single family residence shall be the su:n of fifty cents ($.50) per month per residence --�ecvnd party agrees to call at and collect the 1 garbage from restaurants, hotels and the University of Redlands at least once daily and further agrees that there shall be no charge for collecting and disposing of such garbage from restaurants and hotels and the University of Redlands. Second party further covenants and agrees to call at and collect garbage from other places of business, fruit stands, stores, markets etc. at least once daily, Sundays and holidays excepted. Second party further covenants and agrees that he will haul away and dispose of rubbish, waste ratter, accumulations of tree trimmings, lawn clippings, `crush, trees and similar materials that are to be disposed of from any residence, place of business, hotel or other place within the said City of Redlands at a reasonable rate and at such rate, if dissatisfaction is expressed by the owner or occupant of said premises, as may be fixed by the board of trustees of the City of Redlands, and the right is hereby reserved by the City of Redlands, as party of the first part to this contract, to fix rates for the collection and disposal of garbage, rubbish and waste matter from all places e.Yc'epting single fam=ily residences at any time during the life of this contract and second party hereby covenants and agrees that he will collect and dispose of such garbage, rubbish and ipraste matter from all places excepting single family residences at such rate as may be from time to time fixed by the said board of trustees of the City of Redlands. Second party further covenants and agrees that he will haul rubbish from the City Hall of the City of Redlands and garbage and accumulations of waste paper, leavings from lunches and picnics from the Sylvan Park in the C;_ty of Redlands without charge to the City of Redlands, the collection and disposal of garbage from said Sylvan Park to be made daily throughout the Summer season and when the park is in use as a picnic gruand, rubbish from the park and from the City Hall to be collected and disposed of at least once weekly. Second party further agrees that he will not cl-aim vegetable trimmings, lettuce and lettuce leaves, celery, cabbages and cabbage leaves, unsuitable for human consumption, at markets, Mich are kept separate from spoiled and -decaying fruits and produce and which the market owners are able to sell for feed to chicken and rabbit raisers. 2hirch Second party further covenants and agrees that all such ga:.rbzge collected and carried away as aforesaid shell be conveyed on trucks with steel or metal bodies so constructed as to prevent any 2. leakage or droppings of the contents thereof upon the streets of said City, and that the loans will be covered with canvas so as to conceal the contents from public view and to prevent, so far as possible, the escape of odors therefrom, and second party further covenants and agrees that all such garbage, rub it sh and waste Tatter shall be collected and disposed of ire the mamier and as required by the ordinances of the said City of Redlands that are II noi.,T existing or may hereafter be adopted. The g�ords TThousehold. rubbish" as used in this agreement, are defined as meaning rags, discarded clothing or household materials, boots, shoes, hats, pasteboard, papers, woodenT<,are, tin, cans, bottles, glass, cinders, ashes, lavrn clippings froT;1 single family residences where the lot size does not exceed 60 feet by 175 feet, and all other materials used by and in residences or buildings and discarded by the occupants thereof, but shall not include, ,grass, ia.,rn clippings froiA lots exceeding in size 60 feet by 1'75 feet, tree trina'aings, shrubbery and other materials that may be accumulated in the care and maintenance of yards and grounds surrounding buildings. Fourth: It is further covenanted and agreed that first party shall not be liable to second party for any services performed hereunder and that all payments for such services shall be collected by second party from the persons employing him to perform the same. First party hereby gives unto second party the exclusive right to handle and collect garbage durina the life of- this agreement in the said City of Redlands, subject to the rights reserved to the said City 'n the ordinance3 thereof, but first party shall not be liable to second party by reason of any other persons handling or collecting any garbage during the life of this contract. Second party covenants and agrees with first party to .give satisfactory service to all persons requesti_ag the same from him upon the payment of the charges as herein defined, and for failure of 3. ` the second party—to give such satisfactory service, if general complaint as to his service in any particular is made and such fault is not remedied after reasonable notice from the board of trustees of the City of Redlands, then the board of trustees may cancel this contract and second party' s rights herelander shall - then be ter,-Anated and ended, subject to the right reserved by second party to collect outstanding and unpaid bills. It is further provided that this contract shall not be assignable or transferrable without the colisent of the board of trustees of the City of Redlands first having been had in writing.. Fifth: It is further provided that if first party is not satisfied with the manner in which said second party is handling, collecting and disposing of the said garbage or that second party is failing, neglecting or refusing to collect and dispose of rubbish after his charges for such service have been paid, or if second party �_s v-.olat-Ln,g -my of the provisions of the ordinances of the City of Redlands now or hereafter adapted relating to the handling, collection and disposal of garbage and accumulated household waste ;matter, then first party may at its option, serve Ir' a written notice upon second party specifying the particulars in which said first party is dissatisfied with second party' s services and setting forth the particulars in which he is violating any ordinance or failing to give satisfactory service, and unless said sec+and party shall, within ten days thereafter fully comply with and thereafter continue to comply with the requirements of such notice, said first party may without further notice terminate tris agreement and thereupon second party shall thereafter have norights whatsoever -under this contract. Sixth: Second party further covenants and agrees that he will 4. furnish to first party and maintain throughout the life of this contract, a surety bond in the sum of #1000.00, conditioned for the faithfuperformance of this contract, such bond tbe executed by accompany satisfactory and acceptable to the board of trustees/ of the City of Redlands and such bond and the payment thereunder to be forfeited to first party upon the failure of second party to faithfully comply with all of the terms and conditions of this contract. It is further nrovi.ded that all garba�e collected hereunder by second party shall be transported to a. point without the City of Redlands and disposed of by second party in such manixer as he may see fit . In Witness Whereof, these presents have been executed by the duly autror +zed officials of party of the first part, by resolution of the board of trustees of the City of Redlands as adopted Becember 5 1928 and second party has appended his signature hereto this 7' .� day of December, 1928. Ci_ ads President, Boar of Trustees 1!ttest: C ty Clerk j 5.