08-13-34 v SPECIAL MEETING OF THE TOWN COUNCIL OF ATLANTIC BEACH, HELD
AT THE TWIN HALL, AUG. 13th, 1934, at 6, P. M.
PRESENT:-
Lawrence K. Tucker, Jr.,
J. M. Bradfield,
E. H. Thompson.
The meeting was called to order by Mr. Lawrence K. Tucker,
Jr., President.
Hr. Bradfield, Chairman of the Committee on Seawall,
stated that he had received from Hills and Youngberg, Engineers,
a communication with reference to a proposal submitted by T. L.
James & Company, Ind. , and Walter J. Bryson, Ind. , for the construc-
tion of the seawall, which proposal was opened in this Town Hall on
August 6, 1934, along with other proposals. The communication
related to the proposition from the aforesaid contractors in re-
spect of possible infringement of patents and the request from
the contractor that the Town protect the said contractor legally
and financially from any suits for infringement. The question
reuiring formal action by the Town Council, Mr. Bradfield
presented a resolution reading as follows:-
. WHEREAS, pursuant to action taken by the Town Council
and in accordance with advertisements calling for proposals for
the construction of a seawall, the firms of T. L. James and
Company, Ind., and Walter J. Bryson, Ind., acting jointly, submitted
a proposal on the prescribed form, but accompanied the same by a
letter reading as follows:-
"Attached hereto is a sketch showing how we propose,
under types "B" and "C" , to hand the precast slab
for the cutoff wall.
"This sketch was made by us after several confer-
ences with your Engineer, Colonel Youngberg.
"He, together with us, feels that this precludes any possi-
bility of infringment of patents on the above mentioned
types.
"However should there by any infringment of patents
on types "B" and "C" as drawn by you, together with the
above mentioned sketch, then the Town of atlantic Beach
is to protect us both legally and financially from any
suits for infringment up on any patents on these types
of wall.", and
WHEREAS, Mr. James E. Cotton, State Engineer for the
Public Works Administration, did, on August 10, address a let-
ter to the engineers, inviting special attention to the proposal
of the bidders above named and did request to be informed whether
or not, "if the contract is awarded to T. L. James & Company and
Walter J. Bryson, Inc., will the Town of Atlantic Beach waive the
rights afforded it under sub-paragra ph iv) , Paragraph 13, the
Specifications, and hold the Contractors immune, legally and
financially, in accordance with the paragraph quoted?" -- in
the aforesaid letter submitted by the bidders, and
WHEREAS, the sub-paragraph of the Specifications re-
ferred to reads as follows:-
" 13. Contractor' s Responsibility;-
iv) Patents;- The Contractor shall hold and save
the Town, its officers, agents, servants and employees, harmless
from liability of any nature or kind for or on account of the
use of any patented or unpatented invention, article or appliance
furnished or used in the performance of the proposed contract."
and,
VIIIEREAS, Mr. John E. Mathews, Attorney for the Town Council,
has submitted an opinion in writing, as follows:-
"The particular paragraph is a vital part of the speci-
fications, and was submitted to all bidders. Such being the case,
the Town has not the right to waive' ;his vital provision of the
specifications. To do so would destroy competition. All bidders
were required to bid under the specifications as advertised, and
it is obvious that it would be unfair to all of the other bidders
should this vital provision of the contract be waived as to a
particular bidder, and in my opinion the Town has not the legal
right to waive this provision."
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of
Atlantic Beach do, and it does hereby, definitely refuse to waive
the rights afforded it under the aforesaid paragraph of the Speci-
fications and it does definitely decline to assume any obligation
to protect any bidder or contractor legally or financially, either
or both, from any suits for infringement on any or all patents which
nay apply to the construction of the seawall when, if and as
award of contract shall be made and the work prosecuted by the
contractor.
Mr. Bradfield moved the adoption of this resolution and
the motion was seconded by Mr. Thompson and was unanimously adopted.
There being no further business for consideration, upon
motion put, seconded and carried, the meeting adjourned.
• Correct :- -
ul
President
Attest :- /,
- 1_I, .rvLapiE
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