HomeMy WebLinkAbout1984-180
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1
RE SOLUTION NO. 84-1RO
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GOLDEN WEST OIL COMPANY, INCOR-
3 PORATED RELATING TO THE PURCHASE OR WASTE OIL.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an agreement with Golden West Oil Company, Incorporated relating
9 to the purchase of waste oil, a copy of which is attached hereto,
10 marked Exhibit "A" and incorporated herein by reference as fully
11 as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San Ber-
14
nardino at a
y.ognl::::r.r
meeting thereof, held on
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the
7th
day of
May
. 1984 by the following vote,
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to wit:
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AYES:
Councilmen Castaneda. Reilly. Mark<< nllipl
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19,
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NAYS:
None
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The foregoing resolution is hereby
Council Members Hernandez. Frazier. Stri~klpr
rA~e:k~d
9# day
ABSENT:
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of
May
, 1984.
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A~ to form: C)
Id-P ~/
C'{ty A orney
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A G R E E MEN T
---------
(waste oil)
THIS AGREEMENT is made and entered into this~day of
~~
, 1984 by and between the CITY OF SAN BERNAR-
DINO, a municipal corporation, ("City"), and GOLDEN WEST OIL
COMPANY, INCORPORATED, a California corporation of P.O. Box
315, Bloomington, California, 92316, ("Company").
The parties agree as follows:
1.
Recitals.
(a)
City generates certain waste oil in the process
of conducting its operations at locations within the City known
as City Yard No.1 and Fire Department Maintenance Shop.
(b)
Company is in the business of buying waste oil.
2.
Storage Tanks.
City shall provide a tank or tanks at
locations designated by City for depositing and collecting
waste oil to be purchased by Company.
3.
Sale of Waste Oil.
Company shall buy and transport
from the City's tanks, and City shall sell said waste oil to
Company for the following prices:
Waste Oil-------------------$ 0.435 per gallon
4.
Removal of Waste Oil.
Company shall promptly remove
all waste oil from tanks when requested to do so by City.
The
waste oil shall be metered by Company in the presence of an
authorized employee of the City.
5. Worker's Compensation Insurance.
Company shall
maintain, during the term of this agreement, worker's compen-
sation insurance for all of Company's employees employed while
on the premises of City, and, in case any work on the premises
i.,i I
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of City is sublet, Company shall, require worker's compensation
insurance to be provided for all persons performing the work.
Company agrees to indemnify City for any damage resulting to
it from failure of either Company or its designee to take out 0
maintain such insurance.
6.
Hold Harmless.
Company convenants and agrees to in-
demnify and save harmless the City and its employees and agents
from all liability and charges, expenses (including counsel fee),
suits or losses however occurring, or damages arising or growin
out of the handling, transporting, sale or other use of the
waste oil sold hereunder and all operations under this agreemen
7. Assignment. This agreement shall not be assignable
by Company without the written consent of City.
8. Payment Due Date. Company shall pay the amount due
to City for waste oil purchased pursuant to the terms of this
agreement within ten days after Company collects and receives
the oil.
9 .
This agreement shall commence on the date of
Term.
its execution and terminate three years thereafter, unless
earlier terminated as provided in paragraph 11.
10. Review of Prices. City shall have the right to revie
the prices being paid by Company for said waste oil during the
month of June each year during the term of this agreement. The
parties agree to adjust the prices being paid so that said
prices reflect prevailing market prices in the City of San Ber-
nardino for waste oil.
11. Termination. This agreement may be terminated by
either party by giving thirty days' written notice to the other
.
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and this agreement shall terminate forthwith thirty days
following the date said written notice is given.
12. Bind Successors. This agreement shall bind the
successors and assigns of the parties.
ATTEST:
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City Clerk
Approved as to form:
GOLDEN WEST OIL COMPANY, INCORPORATED
By~~BO~ ~.
Title Sa..r- \jU..e,,-~.
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City ttorney