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56R-3534 0- ,--. RESOLUTION NO. 3534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Q!t' ANAHEIM AWENDING A CONTRACT BETWEEN THE CITY OF ANAHEIM AND S & H RUBBISH HAULING BY INCREAS- ING THE COMPENSATION PAYABLE TO CONTRACTOR AND AMENDING OTHER PROVISIONS OF THE CONTRACT. WHEREAS, the City of Anaheim did enter into a contract with A. W. Samoff, Karo Marikian and J. P. Samarin, a co.partnership doing business under the firm name and style of S & H Rubbish Hauling, whereby said S & H Rubbish Hauling was to collect and dispose of rubbish and trash (except building materials and garbage) from all of the outlying residential areas of the city under date of April 30, 1955; and WHEREAS, by the terms of said contract S & H Rubbish Haul- ing was to receive ~full compensation under the contract the sum of forty five cents (45~) per month per residence covered by the contract; and WHEREAS, since said date the City of Anaheim and its resi- dential area has expanded to a considerable degree and many sparsely settled areas have come within the city limits of the City of Ana- heim and such areas have been included in the area to be serviced by S & H Rubbish Hauling; and WHEF~S, the additional area has added to the expense for S & H Rubbish Hauling to such an extent that operation for the present compensation is deemed impossible by S & H Rubbish Hauling and is causing extremely financial strain; and WHEREAS, by reason of the financial strain on S & H Rubbish Hauling, said contractor finds it impossible to obtain additional equipment required for the purpose of servicing of the rubbish and trash hauling in the residential area; and WHEREAS, the City Council of the City of Anaheim deems that the expansion of the residential area covered by the contract and the increased cost involved per residential unit is such an extra- ordinary circumstance as to warrant an increase in the compensation to be paid to the contractor; and ~ 0 .t" ~..~ WHEREAS, it is deemed by the City Council of the City of Anaheim to be in the best interest of the City of Anaheim to revise other contractual clauses of the contract entered into with S & H Rubbish Hauling on the 30th day of April, 1955, for the protection of the City of Anaheim and to increase the compensation payable to the contractor so that said contractor can effectively carry out the terms of the contract and efficiently collect and dispose of the rubbish in the outlying,~esidential areas in the City of Anaheim; and it is deemed that ~ 0 ~ixty cents (.60~H . per residence per month is a reasonable amount of compensation to be paid the contractor under the eXisting circ~tances; and ."....." WHEREAS, the changes in the contract deemed necessary by the City Council of the City of Anaheim for the protection of the City of Anaheim are so extensive as to constitute a new contract; and -1- ,- &0'; WHEREAS, the proposed new contract embodying a change of compensation and the other changes for the benefit of the City of Anaheim has been presented to the City Council for their examinat- ion and approval. NOW, THEREFORE, BE I'l' RESOLVED by the City Council of the City of Anaheim that the contract submitted to the City Council embodying the change in compensation to the contractor and other changes for the benefit of the City of Anaheim, be accepted and ap- proved and that the contract entered into on the 30th day of April, 1955, by and between the City of Anaheim and S & H Rubbish Hauling be and the same is hereby modified, altered and changed to read as the new proposal and drafted contract submitted to the City Council now reads, and that from and after November 1, 1956, S & H Rubbish Hauling will be bound by the provisions of the new contract and the City of Anaheim will be bound by the provisions of the new contract. AND BE IT FURTHER RESOLVED that the compensation payable to S & R Rubbish Hauling under the revised contract shall be~:t:tty cent~ (.6WJ per residence, covered by the contract, per month, pay- able on the 15th of each month following the rendition of the services, beginning on the 15th day of December, 1956, until the termination of the contract period. ~. AND BE IT FURTHER RESOLVED that the term of the revised con- tract shall be from November 1, 1956, to the 31st day of May, 1958, and that the contract shall cover all of the outlying residential areas as indicated on a map attached to the contract, said contract and map being referred to herein as though fully set forth and said contract and terms thereof being hereby specifically approved; the area covered by the contract by general reference being all of the area within the city limits of the City of Anaheim which is residen- tial in character except that portion being bounded on the north by La Palma, on the south by Ball Road, on the east by Placentia Avenue and on the west by Loara Street and the Santa Ana Freeway, and except the portions occupied by commercial or industrial establiShments. ..,..,,-- AND BE IT FURTHER RESOLVED that said S & H Rubbish Hauling be and it is hereby required at the time of the execution of said amended contract to furnish the city a good and sufficient surety bond approved by the Superintendent of Streets and the City Attorney in the sum of $20,000.00 conditioned upon faithful performance of said amended contract and that the said S & H Rubbish Hauling be and is hereby required to furnish the city an additional good and sufficient surety bond in the sum of $5,000.00 conditioned upon the prompt pay- ment by said contractor of all just and legal claims for materials and labor for obligations of whatever nature arising directly or in- directly from the performance of the work authorized and provided for and as specified in said contract. This bond shall likewise be ap- proved by the Superintendent of Streets and the City Attorney. AND BE IT F'U"Tb'ER RESOLVED that said S & H Rubbish Hauling be, and it is hereby required to carry at its own expense full cover- age Workmen's Compensation Insurance covering all persons employed by it, and public liability insurance in an amount not less than ~lOO,OOO.OO for injuries including accidental death for one person and subject to the same limits for each person in an amount not less than ~300,OOO.00 on account of anyone accident, and property damage in an amount not less than *50,000.00; that said public liability and property damage insurance shall cover both general liability of said contractor and all vehicles used by it in the performance of said contract. -2- - r- AND BE IT PURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized and directed to execute an amended contract for and on behalf of the City of Anaheim with said S & Rubbish Hauling in the form submitted and approved by the City Council of the City of Anaheim for disposing of rubbish and trash in the outlying residential area of the City of Anaheim as herein provided. 1'HE :i;<'ORf.GOING RESOLUTION is signed and approved by me this 23rd day of October, 1956. -/>) /;/ /-~) - I{/ ?'/.. ~.______ ~~E-~~_ ATTEST: ~ --. -~- /. C . r CLERK ~ '-- '--~-- , Tmf~O~IM ~. -6- - STA IE OF CALIFORNIA ) COUNTY OF ORANGE ) s s. CITY OF ANAHEIM ) ""'"" I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was adopted upon a final reading at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of October, 1956, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Coons, Fry, Schutte and Wisser NOES: COUNCILMEN: None ABSENT : COUNCILMEN; None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 23rd day of October, 1956. IN WITNESS WHERIDF, I have hereunto set my hand and affixed 'the seal of the City of Anaheim this 23rd day of October, 1956. I., '------ ".. '+-- ~ /.11 1-/_.--~--&~~~ CITY CLERK OF THE CIn OF ANAHEIM (SEAL) ')