Contract - Wallace - 1947-01-02 AGREEMENT
THIS AGREEMENT made and entered into by and between
GILES g WALLACE, as party of the first part, and COSTA MESA
SANITARY DISTRICT of Orange County, as party of the second part,
W I T N E S S E T H
That said party of the first part does hereby contract
with said party of the second part to collect, haul, remove and
properly dispose of all tin cans and bottles and kitchen garbage,
including tin cans and bottles at service stations and business
houses, in that portion of the town of Costa Mesa located within
the Costa Mesa Sanitary District, for the term of one (1) year,
commencing on the first day of January, 1947, on the following
stated terms and conditions:
(a) All tin cans and bottles placed in containers
in condition for loading in accessible places shall be collected
and removed at least twice a month or oftener as agreed upon
between the parties hereto.
(b) All kitchen garbage placed in proper receptacles
and in accessible places shall be collected and removed at least
twice each week on such days as are agreed upon between the
parties hereto.
(c) The collection and removal of said tin cans and
bottles and kitchen garbage shall be done and attended to in .a
proper and sanitary method.
(d) The party of the first part shall furnish all
necessary trucks and other vehicles for collecting, hauling and
.removing said..tin.,cans,, bottles and kitchen garbage
( e) The party of the first part at his own expense,
shall provide for State compensation and public liability insurance
so as to fully protect the party of the second part
-1-
(f) The party of the first part will comply with all
governmental rules and regulations concerning the matters contained
in this agreement.
(g) As a dump site for the tin cans, bottles and trash,
the party of the first part is to use the dump site now being
furnished by the County of Orange at or near the Santa Ana Army
Air Base, but if for any reason said County Dump Site becomes un-
available and no other site is furnished by Orange County, party
of the second part is to furnish a dump site for the dumping of
tin cans, bottles and trash
(h) The party of the first part shall be entitled to any
remuneration he may be able to obtain by sale of said tin cans
and bottles and/or kitchen garbage, and shall find and provide
proper and suitable places or place for the disposal of the
kitchen garbage.
(i) The party of the first part shall be paid by the
party of the second part the sum of Seventy-eight Hundred Dollars
( $7800.00) per year, payable in installments of Six Hundred Fifty
Dollars ($650.00) per month, each month during the term of this
agreement as full compensation to the party of the first part
for the collection, hauling and removal of said tin cans and
bottles, and kitchen garbage
(j ) In order to insure the faithful performance of this
contract the sum of 8600 00 now due party of the first part from
party of the second part as hold-back money under the contract
which party of the first part had with party of the second part
for the year 1946, shall be held by party of the second part until
the first day of February, 1947, and thereupon paid to party of
the first part if the terms of this contract have been fulfilled
up to that date, and thereafter, during the life of this contract
the sum of $650 00 due the party of the first part for the preceding
month under the terms of this contract shall be held to the end
of the following month, in other words , the compensation due party
-2-
of the first part for the month of January 1947 , shall be paid to
him on or after the first day of March, 1947, and so on during the
life of the contract, but in case party of the first part fails in
his performance of any of the provisions of this contract to be
performed on his part, party of the second part shall retain all
or sufficient of the retained money to reimburse party of the
second part for the damages caused party of the second part by the
non-performance on the part of the first party of the terms of this
agreement, and if, at the termination of the term of this contract
party of the first part has faithfully performed and has complied
with the provisions and terms hereof, then all of the said retained
money shall be paid to the party of the first part.
1 (k) The party of the first part enters into this agreement
as a contractor and shall not be deemed in any sense an employee
of the party of the second part, and shall not be entitled to any
compensation or remuneration from the party of the second part on
account of any injury or loss he may sustain while performing any
work under the terms of this agreement.
Cl) If the party of the first part shall fail, neglect or
refuse to comply with any of the terms or requirements hereof,
thereupon the party of the second part may cause to be done whatever
the party of the first part so fails and refuses to do and the cost
and expense thereof shall be a proper charge against the party of
the first part, which he shall pay to the party of the second part
or at its option the party of the second part may declare this
contract forfeited and terminated Time is declared to be the essence
of this agreement.
(m) It is agreed and understood that party of the first
part shall collect bottles, tin cans and kitchen garbage on the
"" days designated as heroinbefore provided between the hours of 8 a.m
and 6 p m
-3-
e,!
IN WITNESS WHEREOF, the said parties have executed this
agreement this second day of January, 1947
Party of the first part
COSTA MESSA/AA SANITARY DISTRICT
By i , L -4,4C-f ,l
7 .Press. ;,fit.
ATTEST: -4; 0
Thro'
Seen ary
Party of the second part
—4—