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HomeMy WebLinkAbout1984-188 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. ~M -18 [J 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH RIVERSIDE SCRAP IRON AND METAL 3 CORPORATION RELATING TO THE PURCHASE OF SCRAP METAL. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 SECTION 1. The Mayor of the City of San Bernardino is 6 hereby authorized and directed to execute on behalf of said City 7 an Agreement with Riverside Scrap Iron and Metal Corporation 8 relating to the purchasing of scrap metal, a copy of which is 9 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meething thereof, held on the 21st day of , 1984, by the following May vote, to wit: AYES: Councilmen Castaneda, ~eilly, Hernandez, Harks, Quiel, Frazier, strickler NAYS: None ABSENT: None A~n'4~aA#/ City C1er of The foregoing resolution is hereby 77. day "ay Approved as to form: fi~#1O~;; City Attorney ~, I-/:~/j, ill!), p-:;/ ,. A G R E E MEN T ------- (scrap metal) THIS AGREEMENT is made and entered into this 29thday of May ,1984, by and between the CITY OF SAN BERNARDINO, a municipal corporation, 300 North "D" Street, San Bernardino, California, 92418, ("City"), and RIVERSIDE SCRAP IRON AND METAL CORPORATION, a California corporation, 2993 Sixth Street, River- side, California, 92517, ("Corporation"). The parties agree as follows: 1. Recitals. (a) City generates certain scrap metal in the process of conducting its operations at a location within the City known as City Yard No.1. (b) Corporation is in the business of buying scrap metal and other scrap. 2. Corporation to Provide Bin. Corporation shall, during the term of this agreement, provide a large bin at City Yard No. I, and at such other City yards as are designated by City, fo the use of City for depositing scrap metal which is to be pur- chased by Corporation. In the event one bin is insufficient, Corporation shall provide as many additional bins as are reasona- bly needed by City of scrap collection. 3. Price of Scrap. Corporation shall buy and transport from the City's premises, and City shall sell scrap metal to Corporation for the following prices: Aluminum $0.52 per pound Batteries $2.55 each Copper $0.62 per pound Iron $0.034 per pound 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~ 25 26 27 28 4. Removal of Scrap. Corporation shall promptly remove al scrap from the bins when requested to do so by City. The bins and the scrap metal shall be weighed by Corporation in the pre- sence of an authorized employee of the City. Corporation shall be responsible for segregating the scrap metal into the various classifications for weighing. 5. Worker's Compen.ation Insurance. Corporation shall maintain, during the term of this agreement, worker's compensa- tion insurance for all of Corporation's employees who work on the City's premises. If any work on City's premises is sublet, Corporation shall require worker's compensation insurance to be provided for all persons performing the work. Corporation agrees to indemnify City for any damage resulting to it from failure of either Corporation or its designee to take out or maintain such insurance. 6 . Hold Harmless. Corporation convenants and agrees to indemnify and save harmless the City and its ~mployees and agents from all liability and charges, expenses (including coun- sel fees), suits or losses however occurring, or damages arising or growing out of the handling, transporting. sale or other use of the scrap sold hereunder and all operations under this agree- ment. 7. Assignment. This agreement shall not be assignable by Corporation without the written consent of City. 8. Payment. Corporation shall pay to City the amount due to City for scrap metal purchased pursuant to the terms of this agreement within ten (10) days after it collects and receives the scrap. .- , 1\ I! , . 1 9. Term. This agreement shall be effective May 8, 1984, 2 and shall continue in effect until May 7, 1987, unless sooner 3 terminated as provided in Paragraph 11. 4 10. Adjustment of Prices. City shall have the right to 5 review the prices being paid by Corporation for said scrap during 6 the month of June each year during the term of this agreement. 7 The parties agree to adjust the prices being paid so that the 8 prices reflect prevailing market prices in the City of San Ber- 9 nardino for scrap metal. 10 11. Termination. This agreement may be terminated by either 11 party upon thirty days' written notice to the other. 12 12. Bind Successors. This agreement shall bind the succes- 13 sors and assigns of the parties hereto. 14 IN WITNESS WHEREOF, the parties hereto have executed this 15 agreement on the day and year first above written. 18 ~nd~~~ ,/ City Clerk I. -/- W 16 CITY OF ATTEST: 17 19 21 IRON AND METAL 20 By 22 Title Vice President 23 Approved as to form: 24 25 ~~#P~ 26 City Attorney 27 28