Adopt A Trashcan, Indemnify The City

Ganim trashcan
Ganim introduces new trashcans on East Main Street.

If you’re a business owner in need of a new trash can, you’re in luck. It’s free. You just need to hold the city harmless from any associated legal claims. Mayor Joe Ganim on Monday announced the city’s anti-litter campaign Park City Pickin’ It Up that supports local businesses with adoption of a trashcan.

Ganim has kicked up visibility in the last week regarding an attack on city blight. City officials say local merchants are encouraged to apply for a trash can to be installed in front of their establishment.

The point of contact for this is Tom Gecewicz who works for Public Facilities. Phone number 203-576-8220. Email Thomas.Gecewicz@Bridgeportct.gov.

trashcan

Ya think this program has been lawyered to death? In exchange for a trash can business must:

… hold harmless the City of Bridgeport, its elected officials, officers, department heads, employees, agents and servants (individually or collectively “Indemnitee”) from and against any and all claims, liabilities, obligations, causes of action of whatsoever kind and nature for damages, alleging but not limited to bodily injury, personal injury, property damage caused, or alleged to be caused, by the Indemnitee, including but not limited to damage to the Premises or other property, and costs of every kind and description arising from or out of the Indemnitee providing the Indemnitor with one or more Trash Cans (with or without payment of consideration) for installation and/or use on the Premises.

Indemnification agreement follows:

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (“AGREEMENT”)

By executing below, the subject property owner(s) is/are agreeing to partake in the City of Bridgeport’s Adopt a Trash Can Program, whereby in consideration of the below representations and promises, the City of Bridgeport will deliver and install at the below Premises #_______ (insert number) industrial, affixed trash receptacle(s) (“Trash Can(s)”) at no cost to the property owner.

I/we _________________________________________
(individually or collectively “Indemnitor”) being as of the date of this Agreement all those legal property owner(s) of record of certain premises known as
_____________________________________________________________________, Bridgeport, CT, (“Premises”), do hereby expressly, knowingly, and voluntarily agree(s) to defend, indemnify and hold harmless the City of Bridgeport, its elected officials, officers, department heads, employees, agents and servants (individually or collectively “Indemnitee”) from and against any and all claims, liabilities, obligations, causes of action of whatsoever kind and nature for damages, alleging but not limited to bodily injury, personal injury, property damage caused, or alleged to be caused, by the Indemnitee, including but not limited to damage to the Premises or other property, and costs of every kind and description arising from or out of the Indemnitee providing the Indemnitor with one or more Trash Cans (with or without payment of consideration) for installation and/or use on the Premises. The Indemnitor accepts the Trash Can(s) and its usage at his/her/its sole risk. This Agreement is intended to, and expressly does, cover any and all actions or omissions of the Indemnitee in the provision, delivery, installation and usage of the Trash Can(s) to and on the Premises, and is applicable to any entry upon the Premises by the Indemnitee and any installation work or recommendations or other activities conducted by the Indemnitee, except that the Indemnitor shall not be responsible or obligated for claims arising solely out of the willful, wanton, or intentional wrongful acts or omissions of the Indemnitee.

By accepting one or more Trash Cans, Indemnitor agrees to maintain and to line and to empty the Trash Can on a daily basis and understands that failure to abide by this Agreement shall subject to Indemnitor to fines of up to $100.00 per day; be grounds for the removal of the Trash Can; and/or subject the Indemnitor to additional fines and/or penalties by the City’s Office of Anti-Blight pursuant to the City’s Municipal Code of Ordinances.

Share

8 comments

  1. Keeping the City cleaner is the goal, I guess?
    Sidewalks and trash baskets as part of a City program would seem to be a responsibility of the City, but I guess not. City asks property owners to absorb the risks entailed with being a “good anti-blight citizen”. Hey, what could happen? Isn’t that the question. Perhaps the City could put out a tract showing what gets filed in the City Clerk office as claims against the City. Might it make for fun reading? Would it show what the City must defend against in terms of incoming claims? Will it be interesting to see what claims are filed in this case? And what if the claim flows from failure to perform the emptying and lining every day? And what if a suit flows because too much was deposited in a 24 hour period for an unserviced basket with trash overflowing? Time will tell.

  2. Development of the Annual Paving Program

    Every year, the Department of Public Works uses street condition data from the City’s Pavement Management System, citizen requests through 311, and condition reports from Public Works Street Maintenance Division staff to develop a paving program for the coming year.  Preliminary paving projects are shared with local utility companies to not only ensure they do not conflict with planned projects but also identify opportunities to work together and share costs for street restoration. 
    Paving Program
    The Department of Public Works is pleased to share our planned paving projects in an easy-to-navigate Paving Project Viewer.   Please note that our paving program may be adjusted as needed throughout the coming season for a number of reasons, including:
    Unforeseen emergency work that requires us to reallocate resources to a new project
    Changes to utility company projects that may require us to reschedule a planned project for next season
    Higher than expected costs for restoration on certain projects may require rescheduling of other planned projects for a future construction season

    Bridgeport, CT, (“Premises”), do hereby expressly, knowingly, and voluntarily agree(s) to defend, indemnify and hold harmless the City of Bridgeport Annual Paving Program , its elected officials, officers, department heads, employees, agents and servants (individually or collectively “Indemnitee”) from and against any and all claims, liabilities, obligations, causes of action of whatsoever kind and nature for damages, alleging but not limited to bodily injury, personal injury, property damage caused, or alleged to be caused, by the Indemnitee,  including but not limited to damage to the Premises or other property, and costs of every kind and description arising from or out of the Indemnitee providing the Indemnitor with one or more Trash Cans (with or without payment of consideration) for installation and/or use on the Premises.  The Indemnitor accepts the Annual Paving Program
    and its usage at his/her/its sole risk. This Agreement is intended to, and expressly does, cover any and all actions or omissions of the Indemnitee in the provision, delivery, installation and usage of the Annual Paving Program
    to and on the Premises, and is applicable to any entry upon the Premises by the Indemnitee and any installation work or recommendations or other activities conducted by the Indemnitee, except that the Indemnitor shall not be responsible or obligated for claims arising solely out of the willful, wanton, or intentional wrongful acts or omissions of the Indemnitee.
    By accepting Annual Paving Program
    , Indemnitor agrees to maintain and to line and to sweep side sidewalks and street on a daily basis and understands that failure to abide by this Agreement shall subject to Indemnitor to fines of up to $100.00 per day; be grounds for the removal of Indemnitor sidewalk; and/or subject the Indemnitor to additional fines and/or penalties by the City’s Office of Anti-Blight pursuant to the City’s Municipal Code of Ordinances.

    Sincerely
    Mayor Joe (What potholes) Ganim

  3. The owners live in my neighborhood. Tony Mendez is an absolute pip. He is originally from NY. I registered him to vote and he has not missed an election yet.

    At least half the people in this photo belong in a trashcan. Yuck.

  4. Did anyone read the indemnification and hold harmless agreement?

    A $100 per day fine if you don’t line and empty the trash can daily? Really?

    1. Where does the activity of enforcement show up in the document? How is the Public Facilities department to enforce the rules of this proposal? If authority is derived from on high (State of CT), where is such power tracked in this new arrangement that attempts to keep the City more clean? Time will tell.

Leave a Reply